Information, cases and insights regarding the Class Action Fairness Act of 2005
Lefevre v Connextions Inc., 2013 WL 6241732 (N.D. Tex. Dec. 3, 2013).
In this action, the United States District Court for the Northern District of Texas found that the plaintiffs failed to distinguish between a local defendant, and the other defendants in order to establish by a preponderance of evidence that the local…
Fouks v Red Wing Hotel, 2013 WL 6169209 (D. Minn. Nov. 21, 2013).
The district court in Minnesota finally approved a coupon settlement in terms stipulated in CAFA, but reduced the award for the class representatives, and deferred the award of attorneys’ fees after the redemption period of voucher was complete.
The plaintiff filed…
Wallace v Conagra Foods Inc., 2014 WL 1356860 (8th Cir. April 4, 2014).
On an appeal challenging the district court’s order dismissing an action for lack of subject matter jurisdiction due to lack of Article III standing, the Eighth Circuit made the following findings:
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National Consumers League v Flowers Bakeries LLC, 2014 WL 1372642 (D.D.C. April 8, 2014).
In an action brought by an organization on behalf of several consumers, the federal court remanded the action finding that a lawsuit brought as a private attorney does not meet the class action definition of CAFA.
The National Consumers League…
Stafford v Dollar Tree Stores Inc., 2014 WL 1330675 (E.D. Cal. March 27, 2014).
The Eastern District (the transferee court) applied the law-of-the-case doctrine and refused to revisit motion to remand that was denied by the Central District (the transferor) finding that removal was appropriate under CAFA.
The plaintiff brought this wage and…
Roche v Aetna Health Inc., 2014 WL 1309963 (D.N.J. March 31, 2014).
The plaintiff, New Jersey citizen, who was injured in a motor vehicle accident, brought a putative class action against five insurance defendants, Aetna Inc., Aetna Health Inc., Aetna Health Insurance Co., Aetna Life Insurance Co., and The Rawlings Company, LLC. The…
Steinfeld v Discover Fin Servs., 2014 WL 1309352 (N.D. Cal. March 31, 2014).
In this action, a district court in California found that CAFA does not mandate a fresh notice to be sent to a settlement class after an amendment to the Settlement Agreement is made, if the original notice had met the…
Stewart v Ruston Louisiana Hosp Co., LLC., 2014 WL 1246139 (W.D. La. Mar. 25, 2014).
A district court in Louisiana refused to entertain a motion to remand based on the local controversy exception finding that plaintiffs’ assertions are insufficient to meet the strict burden to establish that over two-thirds of the prospective plaintiffs…
In re LIBOR-Based Financial Instruments Antitrust Litig., 962 F. Supp. 2d 606 (S.D.N.Y. Aug. 23, 2013).
A federal court in New York granted the plaintiffs’ motion to file second amended complaint in an antitrust class action to re-include the state law claims, and also retained jurisdiction under CAFA.
This multidistrict litigation arose out…
Mendoza v Microsoft Inc., 2014 WL 842929 (W.D. Tex. March 5, 2014).
In this action, a Texas district court found that CAFA cannot interfere with contractually valid forum selection clauses, and therefore, cannot preempt the transfer of the action to the venue agreed upon in the contracts.
Six former Xbox LIVE subscribers brought an…
