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Category Archives: Case Summaries

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Sua Sponte Remand By District Court Only Appropriate When Based On A Defect In Subject Matter Jurisdiction

Posted in Case Summaries

Kenny v Wal-Mart Stores, Inc., et al., 2018 WL 650998 (9th Cir. Feb. 1, 2018). In this action, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) found that a district court lacks authority to sua sponte remand an action unless there is a defect in subject matter jurisdiction. Additionally, the […]

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Post Filing Change In Citizenship Does Not Satisfy Minimum Diversity Requirement Under CAFA

Posted in Case Summaries

Sanchez v. Ameriflight, LLC, 2018 WL 654170 (9th Cir. Feb. 1, 2018). Here, the Ninth Circuit found that where parties were not diverse at the onset of the action, a post-filing change in citizenship cannot cure the original defect in diversity jurisdiction. David Sanchez (“Plaintiff”), a California resident and former Ameriflight, LLC (“Ameriflight”) cargo pilot, […]

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A Challenge to Defendants’ Calculation of the Amount-in-Controversy Requires More than Mere Criticism of Evidence

Posted in Case Summaries

Carter, et al., v. Westlex Corporation, et al., 2016 WL 1397648 (5th Cir. April 8, 2016). The Fifth Circuit affirmed the District Court’s order retaining jurisdiction over an action where the defendants established by a preponderance of the evidence that the amount-in-controversy exceeded CAFA’s $5 million jurisdictional threshold.

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30-Day Time Period for Removing Case Pursuant to 1446 Only Begins to Run when Amount-In-Controversy Is Apparent

Posted in Case Summaries

Graiser v. Visionworks of America, Inc., 2016 WL 1359048 (6th Cir. April 6, 2016). The Sixth Circuit held that the 30-day removal period under CAFA does not begin if the plaintiff does not serve the defendant with an amended complaint, motion, other paper etc. from which a defendant can figure out that the amount-in-controversy exceeds […]

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Unsupported Allegations That Diverse Class Members Exist Are Insufficient To Establish CAFA Jurisdiction

Posted in Case Summaries, Jurisdictional Amount

Calmes v. Boca West Country Club, 2017 WL 4621112 (S.D. Fl. Oct. 16, 2017). A district court in Florida dismissed the plaintiff’s complaint for lack of subject-matter jurisdiction under the Class Action Fairness Act (CAFA) finding that the plaintiff did not satisfy his burden to establish that there were diverse class members or that the […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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.

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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 […]

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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.

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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 […]

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Remand Motions Invoking CAFA Exceptions Must Be Brought Within A “Reasonable Time”

Posted in Case Summaries

Watson v. City of Allen, Tex., 821 F.3d 634 (5th Cir. 2016). In Watson, the Fifth Circuit held that a plaintiff timely filed his motion to remand under the “local controversy” and “home state” exceptions to the Class Action Fairness Act, 28 USC 1332(d)(4)(A), (B). The court reasoned that these exceptions do not fall within […]

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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.

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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 […]

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