Brian A. Paino is a Member in McGlinchey Stafford's Irvine office handling consumer financial services litigation and general commercial litigation. Brian concentrates his practice on defending and asserting creditors' rights in state and federal courts throughout the United States. He also has extensive appellate experience, having represented clients in matters before the United States Bankruptcy Appellate Panel for the Ninth Circuit and United States Court of Appeals for the Ninth Circuit.

Hirmez v. GNC Holdings, Inc., 2014 U.S. Dist. LEXIS 72096 (S.D. Cal. May 27, 2014)

A California district court dismissed a class action complaint for lack of subject matter jurisdiction. The court determined that the complaint contained insufficient factual allegations to establish not only the plaintiff’s citizenship, but also that the amount in controversy exceeded CAFA’s jurisdictional minimum.Continue Reading District Court Concludes that Plaintiff Failed to Plead Sufficient Facts to Establish Jurisdiction Under CAFA

Deaver v. BBVA Compass Consulting And Benefits, Inc., 2014 U.S. Dist. Lexis 72074 (N.D. Cal. May 27, 2014)

The U.S. District Court for the Northern District of California (the “Northern District”) reconsidered its remand order in light of the Ninth Circuit’s ruling in Rodriguez v. AT&T Mobility Servs. LLC, 728 F.3d 975 (2013). In originally remanding the case, the court relied on the “legal certainty” test promulgated by Lowdermilk v. United States Bank National Association, 479 F.3d 994 (9th Cir. 2007). Because the Rodriguez court overruled Lowdermilk and held that a defendant removing an action under CAFA need only establish the amount in controversy by a preponderance of the evidence, the court re-evaluated whether the removing defendants satisfied the amount in controversy requirement under CAFA.Continue Reading District Court Reconsiders Remand Order in Light of Rodriguez v. AT&T Mobility Servs. LLC