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

Category Archives: Case Summaries

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Real “Targets” are Primary Defendants Under CAFA’s Home State Exception

Posted in Case Summaries

Hunter v. City of Montgomery, Alabama, 2017 WL 2634162 (11th Cir. June 14, 2017). In this action, while affirming the order of a district court, the Eleventh Circuit found that primary defendants under the home state exception to CAFA are the defendants who are the real “targets” of the lawsuit, i.e., who have “substantial exposure” […]

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Removal Based On CAFA Differs From Removal Based On Diversity Jurisdiction

Posted in Case Summaries

Forest Creek Townhomes, LLC, v. Carroll Property Management, LLC, et. al., 2017 WL 2557716 (6th Cir. June 13, 2017). In this action, while affirming a district court’s denial of the plaintiff’s motion to remand, the Sixth Circuit found that removal based on CAFA differs from removal based on diversity jurisdiction in important ways, and although […]

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Mere Suggestions Or Predictions To Join Coordinated Proceeding Are Insufficient To Trigger CAFA’s Mass Action Jurisdiction

Posted in Case Summaries

Alanis, et al. v. Pfizer, Inc., No. 1:14-cv-00365 (E.D. Cal. Aug. 16, 2017). In this action involving claims from plaintiffs in several lawsuits, a district court in California remanded the cases to the state court and found that the plaintiffs’ intention or desire for coordinated proceeding in the absence of some concrete step to effect joinder […]

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Admissible Evidence Necessary When Amount in Controversy Called into Question

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Truglio v. Planet Fitness, Inc., No. 15-CV-7959-FLW-LHG, 2017 WL 3595475 (D.N.J. Aug. 21, 2017). In Truglio v. Planet Fitness, Inc., a federal district court in New Jersey determined that the defendants had carried their burden of proving the jurisdictional amount in controversy under the Class Action Fairness Act (“CAFA”) by a preponderance of the evidence.

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Defendant’s Reliance On A Reasoning That Includes Assumptions To Satisfy Its Burden Of Proof Must Be Reasonable, And Not Constitute Mere Speculation And Conjecture

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Farley v. Dolgen California LLC, No. 2:16-cv-02501 (E.D. Cal. Aug. 9, 2017). In this action, while granting the plaintiffs’ motion to remand, a district court in California found that when the plaintiffs challenge the defendant’s calculation of the amount in controversy, the defendant faces a heightened burden to support its calculation by a preponderance of […]

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Contents of Business Records Are Admissible As Evidence To Establish CAFA Jurisdiction

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Bradford v. The George Washington University, 2017 WL 1383653 (D.C. April 18, 2017) In a consumer class action, the United States District Court for the District of Columbia declined to remand the action to the state court finding that the contents of the business records relied upon by the defendants adequately provided the evidentiary basis […]

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30 Days Removal Restriction Doesn’t Apply When Complaint Doesn’t Reveal On Its Face That The Case Was Removable

Posted in Case Summaries

Sevag_Chalian_v_CVS_Pharmacy_Inc._et_al, 2017 WL 1377589 (C.D. Cal. April 11, 2017) In this wage and hour action, the United States District Court for the Central District of California (the “District Court”) found removal was timely when diversity jurisdiction was not evident from the face of the plaintiff’s complaint, and when the defendant conducted its investigation to calculate […]

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CAFA’s Mass Action Provision Gives Plaintiffs The Choice To File Separate Actions To Avoid Removal

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Theresa_Black_et_al_v_Bayer_Corp et_al, 2017 WL 2592425 (E.D. Mo. June 15, 2017). In this action, while remanding the claims to the Circuit Court of the City of St. Louis, Missouri (the “State Court”), the United States District Court for the Eastern District of Missouri (the “District Court”) found that separate multi-plaintiff cases may not be aggregated to […]

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A Complaint Should Be Read As A Whole To Determine Membership of a Putative Class

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Hamilton v Raleigh General Hospital LLC, 2017 WL 833050 (S.D.W.V. March 2, 2017). In this action, a District Court in West Virginia granted the plaintiff’s motion to remand, reasoning that a complaint should be read as a whole to determine membership of a putative class for the purpose of determining whether the amount in controversy […]

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Defendant’s Assumptions To Calculate The Potential Liability Of The Purported Class Based On Sufficient Evidence Are Reasonable

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Belen_Torrez_v_Freedom_Mortgage_Corporation_et_al_, 2017 WL 2713400 (C.D. Cal. June 22, 2017). In this action, while denying Plaintiff Belen Torrez’s (“Plaintiff”) Motion to Remand (the “Motion”), the United States District Court, Central District of California (“District Court”) found that although Plaintiff need not submit evidence to succeed on her Motion, the absence of such evidence in light of […]

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The Ultimate Inquiry Is What Amount Is Put ‘In Controversy’ By The Plaintiff

Posted in Case Summaries

Aaron Feao v UFP Riverside LLC, 2017 WL 2836207 (C.D. Cal. June 29, 2017). In this action, while denying Plaintiff Aaron Feao’s (“Plaintiff”) Motion to Remand, the United States District Court, Central District of California (the “District Court”), found the ultimate inquiry is what amount is put ‘in controversy’ by Plaintiff’s complaint or other papers, […]

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Under Dart Standard Fifth Circuit Rules Plaintiffs’ Mere Denials Insufficient to Rebut Defendants’ Amount-In-Controversy Evidence

Posted in Case Summaries

Carter v. Westlex Corp., 643 Fed. Appx. 371 (5th Cir. 2016) (per curiam) In this case, the Fifth Circuit affirmed the denial of plaintiffs’ remand motion where plaintiffs submitted only conclusory allegations to contest defendants’ evidence that CAFA’s amount-in-controversy requirement was satisfied.

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The Amount in Controversy is an Estimate of the Total Amount in Dispute, Which Is Distinct from the Amount Ultimately Recoverable

Posted in Case Summaries

Henry v. Central Freight Lines, Inc., 2017 WL 2684136 (9th Cir. June 21, 2017). In this action, while reversing a district court’s order remanding the case to the state court, the Ninth Circuit found the amount in controversy is simply an estimate of the total amount in dispute, and is a concept distinct from “the […]

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Plaintiffs Must Invoke CAFA Jurisdiction if “Reasonable Probability” Exists that the Damages Totalled $5 Million

Posted in Case Summaries

Boyd v. NYCTL 1996-1 Trust, 2017 WL 2589388 (2d Cir. June 15, 2017). In this summary order, while affirming the judgment of a district court dismissing the plaintiffs’ claims, the Second Circuit found that there was a “reasonable probability” that the plaintiffs’ damages totalled at least $5 million, and the plaintiffs could have invoked CAFA […]

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When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage

Posted in Case Summaries

John v Whole Foods Market Group Inc., 858 F.3d 732 (2d Cir. June 2, 2017). In this action, while vacating a district court’s order dismissing the plaintiff’s complaint, the Second Circuit found that when the defendant asserts a “facial” challenge to standing, the courts should continue to draw from the pleadings all reasonable inferences in […]

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Court Held No Jurisdiction Under CAFA for Lack of Required Number of Plaintiffs

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Whitlock v. Bayer Corp., 2017 WL 564489 (E.D. Mo. 2017). A district court in Missouri remanded the action back to state court for lack of diversity jurisdiction, federal question jurisdiction, or jurisdiction under CAFA. In remanding the case the Court held that the defendants’ argument that several similar actions filed by the same attorneys against […]

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Court Retains Jurisdictions Under CAFA Because Less than Two-Thirds of Class Members Were Residents of the Same State as the Defendant

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Durham v. Cincinnati Children’s Hospital Medical Center, 2017 WL 510268 (S.D. Ohio Feb. 8, 2017). A district court in Ohio retained jurisdiction over a class action under CAFA by finding that a sampling of class members based the plaintiff’s own assertions showed that less than two-thirds of the potential class members were from state of […]

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CAFA Doesn’t Bar A Stipulation Of Dismissal For Re-filing An Un-certified Class Action In State Court For The Purpose Of Settlement.

Posted in Case Summaries

Adams v. USAA Casualty Insurance Company, No. 16-3382 (8th Cir. July 25, 2017). In this action, while reversing a district court’s order, the Eighth Circuit found that CAFA doesn’t bar a stipulation of dismissal for re-filing an un-certified class action in state court for the purpose of seeking approval of settlement. The Eighth Circuit maintained […]

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Ninth Circuit Decides That Plaintiffs Should Be Given Leave To Amend Complaint To Meet Jurisdictional Requirements under CAFA

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Kevin_Do_v_First_Financial_Security_Inc, No. 15-56837, 2017 WL 2297624 (9th Cir. May 25, 2017). In this unpublished decision, the United States Court of Appeals for the Ninth Circuit determined that the district court abused its discretion when it denied the plaintiffs leave to amend its complaint because the plaintiffs could plausibly allege the jurisdictional requirements of the Class […]

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The Operative Complaint’s Estimate of Class Number and the Potential Damages Could be Relied On to Establish CAFA’s Amount in Controversy

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Sabrina_Roppo_v_Travelers_Commercial_Insurance_Co_et_al., 2017 WL 3695205 (7th Cir. Aug. 28, 2017) In an action challenging Travelers Commercial Insurance Company’s (“Travelers”) alleged practice of not disclosing the existence of umbrella policies, the United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) affirmed the dismissal of Plaintiff Sabrina Roppo’s (“Plaintiff”) claims finding that the allegations in […]

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A Removing Defendant Can Use Over-inclusive Evidence to Establish the Amount in Controversy

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Scott v. Cricket Communications, LLC, 2017 WL 3197548 (4th Cir. July 28, 2017). In this action, vacating a district court’s judgment, the Fourth Circuit found that the district court committed legal error by disregarding the defendant’s evidence of the amount in controversy as over inclusive, since a removing defendant can use over inclusive evidence to establish the […]

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