Header graphic for print
CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

Category Archives: Case Summaries

Subscribe to Case Summaries RSS Feed

District Court Provides Primer on the Origins of Local Controversy Exception and Explains the Purpose of “No Other Class Action” Element of the Exception

Posted in Case Summaries

Carter_v_CIOX_Health_LLC, 2017 WL 2334886 (W.D.N.Y. May 30, 2017). When denying a defendant’s request to remand a putative class action for lack of subject matter jurisdiction under CAFA, a district court in New York educates the parties on the origins, purposes, and applicability of the local controversy exception and explains when the “no other action” element […]

Read All ...

Plaintiff’s Use of Questionable Tactics to Avoid Remand Backfires and Court Declines to Apply CAFA’s “Interests of Justice” Exception

Posted in Case Summaries

Shelby v. Oak River Insurance Company, 2017 WL 6026672 (W.D. Mo. Dec. 5, 2017). In this action, while denying the plaintiff’s motion to remand, a district court in Missouri found that the plaintiff’s tactics to avoid removal by being less than candid as to whether the case is a class action, influences the Court to […]

Read All ...

Projected PAGA Penalties Cannot Be Considered In The CAFA Amount In Controversy Analysis When PAGA Is Pleaded As A Representative Claim

Posted in Case Summaries

Arnold v. OSF International Inc, et al, 2017 WL 2841697 (C.D. Cal. June 30, 2017). In this action, a California district court found that the amount sought by the plaintiff pursuant to her representative PAGA claim could not be aggregated with the amount sought pursuant to her class claims for the purpose of satisfying CAFA’s […]

Read All ...

Federal Courts May Retain CAFA Jurisdiction Over State-Law Claims, Even If Federal Claims Fail as a Matter of Law and Only State-Law Claims Remain

Posted in Case Summaries

Bigsby v Barclays Capital Real Estate Inc., 170 F. Supp. 3d 568 (S.D.N.Y. 2016). A district court in New York found that because the allegations in the complaint were sufficient to establish that the required amount in controversy and number of putative plaintiffs, it had jurisdiction under CAFA—even though the plaintiffs’ federal claims would not […]

Read All ...

Plaintiffs Are Permitted To File Several Separate Cases, Each Containing Fewer Than 100 Plaintiffs, To Avoid Removal As A Mass Action Under CAFA

Posted in Case Summaries

Johnson v. Bayer Healthcare, LLC, et al., No. 4:17-cv-01533-RLW (E.D. Mo. Nov. 29, 2017). In this action, while granting the plaintiffs’ motion to remand, a district court in Missouri found that the plaintiffs are permitted to avoid CAFA by dividing their plaintiffs into groups of less than 100 and filing an identical complaint for each group. The plaintiffs […]

Read All ...

Post-Removal Amendments Do Not Oust CAFA Jurisdiction

Posted in Case Summaries

Romano v. Northrop Grumman Corporation, et al., No. 16-5760 (E.D.N.Y. Dec. 15, 2017). In this action, while denying the plaintiffs’ motion to remand, a district court in New York found that amending a complaint after removal to eliminate class allegations does not deprive a court of jurisdiction under CAFA. The plaintiffs brought a putative class action […]

Read All ...

A Single-State Class Action Fails to Qualify for the Local Controversy Exception If the Alleged Conduct Could Have Injured Consumers Throughout the Country

Posted in Case Summaries

Gonzalez v. Banco Santander, et al., 2017 WL 5957735 (D.P.R. Dec. 1, 2017). In this action, while denying the plaintiffs’ motion to remand, a district court in Puerto Rico found that the “local controversy” exception to CAFA does not apply if the defendants engaged in conduct that could be alleged to have injured consumers throughout […]

Read All ...

In Absence of Direct Business Relationship, Customers Cannot Arraign a Corporation as a Defendant

Posted in Case Summaries

Bell v. Gateway Energy Services Corporation et al., 2017 WL 5956887 (S.D.N.Y. Nov. 29, 2017). In this action, while granting the defendants’ motion to dismiss for lack of subject matter jurisdiction, a district court in New York found that in absence of direct business relationship, customers cannot arraign a corporation as a defendant.

Read All ...

Unsupported Assumptions Prove Insufficient To Establish Amount In Controversy Under CAFA

Posted in Case Summaries

Pazol v. Tough Mudder Inc., 2016 WL 1638045 (1st Cir. April 26, 2016) Lisa C. Pazol, Maria C. Newman, Lisa Russ and Audrey J. Bennet (“Plaintiffs”) were registrants of an extreme obstacle course that was organized by Tough Mudder Incorporated, Tough Mudder, LLC and BK Bridge Events, LLC (“Defendants”). Defendants are business entities that organized […]

Read All ...

Post-Removal Dismissal of Class Claims Does Not Eliminate Otherwise-Proper CAFA Jurisdiction

Posted in Case Summaries

Loehn v. Lumber Liquidators Inc., 2016 WL 722002 (E.D. La. Feb. 24, 2016). Here, the Eastern District of Louisiana denied remand finding that the post-removal event—plaintiffs’ voluntary dismissal of their class claims—did not deprive the court of jurisdiction, which was properly established at the time of removal under CAFA.

Read All ...

A “Neutral” Factor Under 28 U.S.C. § 1332(D)(3)(A)-(F) Should Not Count Against Remand

Posted in Case Summaries

Cowan v. Devon Energy Corporation et al., No. 6:16-cv-00510-SPS (E.D. Ok. Nov. 8, 2017). In this action, while granting the plaintiff’s motion to remand, a district court in Oklahoma found that in determining the six enumerated factors for the application of the discretionary exception, a ‘neutral’ factor should not weigh against remand. The plaintiff, an oil […]

Read All ...

The Operative Complaint at the Time of Removal Governs CAFA Jurisdiction

Posted in Case Summaries

Lauren_Hall_v__Welch_Foods__Inc__et_al., 2017 WL 4422418 (D.N.J. Oct. 5, 2017). In this action, while denying Plaintiff Lauren Hall’s (“Plaintiff”) motion to remand, the United States District Court, District of New Jersey (the “District Court”), found post-removal amendments to a complaint which changes the nature or scope of the class have no bearing on the jurisdictional question.

Read All ...

When There Is Ample Connection To The Forum State, Only A Clear Abuse Of The Local Forum Could Possibly Justify A Refusal To Remand

Posted in Case Summaries

David_Landon_Speed_v__JMA_Energy_Company__LLC, 2017 WL 4342615 (10th Cir. Oct. 2, 2017). In this action, while affirming the United States District Court for the Eastern District of Oklahoma’s (the “District Court”) decision remanding the case to Oklahoma state court, the United Court of Appeals for the Tenth Circuit (the “Tenth Circuit”) found the geographic dispersion of the class […]

Read All ...

CAFA’s Home-State Controversy Exception Applies When All “Primary Defendants” Are From the Same State

Posted in Case Summaries

McCracken v Verisma Systems Inc, 2017 WL 2080279 (W.D.N.Y. May 15, 2017). In retaining jurisdiction over the plaintiffs’ case pursuant to CAFA, a New York District Court found that the homestate exception refers to “primary defendants” in the plural; thus, the plain language of the statute requires remand only when all of the primary defendants […]

Read All ...

Conclusory Statements that Certain Employees Direct, Control, or Coordinate a Corporation’s Activities Are Insufficient to Prove the Corporation’s Principal Place of Business

Posted in Case Summaries, Wage and Hour

Pae v. Fox Restaurant Concepts, LLC, 2017 WL 3184464 (C.D. Cal. July 25, 2017). In this action, while denying the plaintiff’s motion to remand, a district court in California found that the plaintiff must prove beyond conclusory statements that certain employees of a corporation direct, control, or coordinate its activities to establish the corporation’s principal […]

Read All ...

Plaintiff Must Present Persuasive Substantive Evidence To Establish The Citizenship Of The Class Members

Posted in Case Summaries

Nichols v. Chesapeake Operating LLC, No 5:16-cv-01073-M (W.D. Ok. Sept. 13, 2017). In this action, a district court in Oklahoma denied the plaintiff’s motion to abstain under the home-state mandatory abstention exception to CAFA finding that the plaintiff cannot rely solely on the allegations in his class action petition to establish that two-thirds or more of […]

Read All ...

CAFA’s Amount in Controversy Could Not be Aggregated When Each Plaintiff’s Claims Are Wholly Unrelated to the Claims of the Other and When the Defendants Are Not Jointly Liable

Posted in Case Summaries, Wage and Hour

Castillo v. Western Range Ass’n, 2017 WL 1364584 (D. Nev. April 13, 2017). In dismissing a wage-and-hour class action for lack of subject matter jurisdiction, the U.S. District Court for the District of Nevada held that the CAFA’s amount-in-controversy requirement cannot be aggregated when each plaintiff’s claims are wholly unrelated to the other and when […]

Read All ...