Information, cases and insights regarding the Class Action Fairness Act of 2005
Addison v. The Netherlands Ins. Co., 2015 WL 461958 (D. Mass. Feb. 4, 2015)
A district court in Massachusetts remanded a case to state court finding that a delay in filing a notice of removal unjustifiable when the complaint, the defendants’ prior filings, and underlying circumstances provided defendants with sufficient grounds to timely ascertain…
Grozco v. Illinois Tool Works, Inc., 2015 WL 411209 (E.D. Cal. Jan. 30, 2015).
A district court in California denied a motion to remand, finding that the defendant had sufficiently established by a preponderance of the evidence that the amount-in-controversy exceeded $5 million.
The plaintiff class, comprising of current and former non-exempt hourly workers…
Hood v. Gilster-Mary Lee Corp., 2015 WL 328409 (W.D. Mo. Jan. 26, 2015)
A district court in Missouri granted a motion to remand finding that plaintiffs successfully established an exception to removal under CAFA. The Court relied on 28 U.S.C. § 1332(d)(4),which provides, in part, that a court shall decline to exercise jurisdiction over…
Adams v. Toys ‘R’ Us, 2015 WL 395214 (N.D. Cal. Jan. 29, 2015).
A district court in California denied remand finding that the allegations in the complaint were sufficient to assume an amount-in-controversy in excess of the jurisdictional minimum under CAFA.
Plaintiff filed this class action on behalf of herself and at least 2000…
Aiona v. Bayer-Healthcare Pharm., Inc., 2015 WL 293496 (N.D. Cal. Jan. 20, 2015)
Where a petition for coordination unequivocally stated that coordination was sought only for pre-trial purposes and not for a joint trial, a district court in California found that the actions did not qualify as a mass action under CAFA.
Plaintiffs filed…
Roa v. TS Staffing Servs., Inc., 2015 WL 300413 (C.D. Cal. 2015)
A district court in California applied the ruling in Dart Cherokee Basin Operating Co. v. Owens, 135 S.Ct. 547 (2014), and retained jurisdiction over a plaintiff’s evidentiary objections to a notice of removal, finding that when a plaintiff does not challenge the…
Bailey v. Redfin Corp., 2015 WL 276849 (C.D. Cal. Jan. 21, 2015).
Relying on the Ninth Circuit’s ruling in Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117, 1122 (9th Cir. 2014), a district court in the Central District of California held that claims under California’s Private Attorneys General Act (“PAGA”) cannot…
Estate of Hanna, et al. v. Agape Senior, LLC, et al., 2015 WL 247906 (D.S.C. Jan. 20, 2015).
A district court in South Carolina applied CAFA’s local controversy exception in remanding a case to state court, holding that the plaintiff class sought “significant relief” from local defendants, whose actions formed a “significant basis”…
Levanoff, et al. v. SoCal Wings LLC, et al., 2015 WL 248338 (C.D. Cal. Jan. 16, 2015).
In Levanoff, a district court in California remanded the case to state court and held that a notice of removal was untimely filed where the removing defendant could have ascertained the amount in controversy from the…
