Information, cases and insights regarding the Class Action Fairness Act of 2005
Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013).
In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card. The defendant Heartland Payment Systems, Inc. processed credit card purchases for Penn Station, Inc. The plaintiff alleged that as a result…
Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013).
In this action, a District Court in Missouri held that it had authority to stay its own remand order. The plaintiffs brought an action under the Missouri Merchandising Practices Act. The plaintiffs alleged that the defendants placed expiration dates on their medications,…
Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013).
In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its California customers by charging unauthorized fuel surcharges and excessive fees.
The defendants removed the action to the…
Edward S. Sledge, IV & Christopher S. Randolph, Jr., Setting the Edges: Defending Against Plaintiff End Runs Around CAFA, 80 Def. Couns. J. 178 (April 2013).
In this article, Edward S. Sledge, IV, a shareholder at Maynard, Cooper & Gale, P.C. in Birmingham, Alabama, discusses the abusive practice that has allowed plaintiffs’ attorneys to…
Stephenson v. Consolidated Rail Corp., 2013 WL 1750005 (D.N.J. April 23, 2013).
The plaintiffs brought this class action in the Superior Court of New Jersey, Gloucester County, alleging that huge quantities of toxic, dangerous, and ultra-hazardous substances were released when defendants bridge collapsed and train derailed. As a result, 700 individuals were forced to…
Salazar v. Avis Budget Group, Inc., 2013 WL 1728275 (S.D. Cal. April 23, 2013).
Plaintiffs, a group of mechanics, filed a putative wage-and-hour class action in the Superior Court of California, San Diego County. Defendants quickly removed the action to the District Court under CAFA, and plaintiffs then filed their First Amended Complaint (“FAC”). …
Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013).
As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds $5,000,000, the aggregate number of proposed plaintiffs is 100 or greater, and any member of the…
Eleanor Abraham, et al v. St. Croix Renaissance, Group, L.L.L.P., 719 F.3d 270 (3d Cir. 2013).
In this appeal, the Third Circuit held that CAFA’s phrase “an event or occurrence,” as it appears in the mass-action exclusion, is not limited to something that happened at a particular moment in time.
The plaintiffs, more than 500…
