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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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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”

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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

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

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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 […]

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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 […]

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

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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 […]

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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 […]

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Allegations that Many Class Members Reside Out of State Satisfies Requirement for “Short and Plain Statement” in Notice of Removal

Posted in Case Summaries

Gibson v. Continental Resources, Inc. Case No. 5:15-cv-00611-M, (W.D. Okla. Oct. 8, 2015). This order concerned a motion to remand a case to state court based on the plaintiff’s assertions that the defendant had not filed a sufficient removal notice. The plaintiff brought a putative class action alleging that the defendant failed to make proper payments […]

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CAFA Is Not The Exclusive Means For Establishing Subject Matter Jurisdiction Over Class Actions

Posted in Case Summaries

Jessica Casey, et al., v. Roger Denton, et al., 2017 WL 3461363 (S.D. Ill. Aug. 11, 2017). In this action, while denying the plaintiffs’ motion to remand, a district court in Illinois found that CAFA is not the exclusive means for establishing subject matter jurisdiction over class actions, and that 28 U.S.C. § 1331 original […]

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A Mass Action Must Involve Monetary Claims Brought By 100 Or More Persons Who ‘Propose To Try Those Claims Jointly’ As Named Plaintiffs

Posted in Case Summaries

Loretta_Little_et_al_v_Pfizer_Inc_et_al., 2017 WL 3412300 (N.D. Cal. Aug. 9, 2017). In this action involving claims from the plaintiffs in several lawsuits, the United States District Court, Northern District of California (the “District Court”), while remanding the cases to state court, found the plaintiffs have the ability to avoid jurisdiction by filing separate complaints naming less than […]

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Subject Matter Jurisdiction Can Be Challenged At Any Time And It Is Not Subject To The Thirty-Day Time Limit Required by 28 U.S.C. § 1447(c)

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Marciela_Reyes_v_Carehouse_Healthcare_Center_LLC_et_al., 2017 WL 2869499 (C.D. Cal. July 5, 2017). In this action, while denying Plaintiff Maricela Reyes’ (“Plaintiff”) motion to remand, the United States District Court, Central District of California (the “District Court”), held a motion to remand challenging subject matter jurisdiction can be filed at any time, and such motions are not subject to […]

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Plaintiffs Can Avoid Mass Action Jurisdiction Under CAFA By Artificially Splitting Cases Into Groups of Fewer Than 100 Plaintiffs

Posted in Case Summaries

Jordan v Bayer Corporation, 2017 WL 1909059 (E.D. Mo. May 10, 2017). In granting plaintiffs’ motion to remand, a Missouri District Court held that the Class Action Fairness Act did not apply where state court plaintiffs with common claims against a common defendant filed separate cases with fewer than 100 plaintiffs each to avoid federal […]

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Plaintiff’s Failure To Establish Class’s Citizenship Proves Fatal To Utilizing The Local Controversy Exception

Posted in Case Summaries

McMullen v. Synchrony Bank, 128 F.Supp.3d 180 (D.C. 2015) In this action, the District Court declined to remand the case back to the superior court based on the local controversy exception to the Class Action Fairness Act (“CAFA”). The District Court found that after limited discovery regarding the citizenship of the putative class members, it […]

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Defendants Can Draw Reasonable Inferences From a Complaint, But Their Estimated Amount in Controversy Cannot Be Pulled Out of “Thin Air”

Posted in Case Summaries

Rutledge_v_Healthport_Technologies, LLC, 2017 WL 728375 (N.D. Cal. Feb. 24, 2017) To satisfy the amount-in-controversy requirement for CAFA jurisdiction, defendants may draw reasonable inferences from the complaint, but the defendants still need to be a concrete basis for their estimate.

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No Extra Toppings Of Punitive Damages In CAFA’s Amount In Controversy Calculation Without Sufficient Evidence

Posted in Case Summaries

Rosenbloom v. Jets America Inc., No 4:17-cv-01930 (E.D. Mo. Sept. 29, 2017). In this action, while granting a plaintiff’s motion to remand, a district court in Missouri found that while punitive damages are included in the amount in controversy, the existence of the required amount must be supported by competent proof, and mere speculation and unsupported […]

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Defendant Must Show By Fact, Not Mere Conclusory Allegations, That Federal Jurisdiction Exists

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Carrigan v. Southeast Alabama Rural Health Associates, et al., 2017 WL 4018031 (M.D. Ala. Sept. 12, 2017). In this action, while granting the plaintiffs’ motion to remand, a district court in Alabama found that while the defendant may have no actual knowledge of the value of the claims, the defendant was not excused from the […]

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The Eighth Circuit Refused To Apply The Plaintiff’s Viewpoint Rule Or The Either Viewpoint Rule To Determine The Amount In Controversy Because The Defendant Did Not Meet Its Burden Under Either Rule

Posted in Case Summaries

Jaclyn_Waters_v__Ferrara_Candy_Co., 2017 WL 4562635 (8th Cir. Oct. 13, 2017). In this action, while affirming the United States District Court for the Eastern District of Missouri’s (the “District Court”) remand order, the United States Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) found the amount in controversy is not established by a preponderance of […]

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