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Category Archives: Wage and Hour

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New York Record Company’s Unpaid Interns Must Stay in Federal Court Following Removal Pursuant to CAFA Jurisdiction

Posted in Uncategorized, Wage and Hour

Henry v. Warner Music Group Corp., 2014 WL 1224575 (S.D.N.Y. March 24, 2014). In an action filed by an interns seeking unpaid wages, the District Court retained jurisdiction over the case finding, among many things, that the plaintiff had not demonstrated that more than two-thirds of the putuative class members were citizens of New York.  […]

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Approved Settlement of Federal and State Wage Claims Did Not Implicate CAFA

Posted in Uncategorized, Wage and Hour

Juvera v. Salcido, 2013 WL 6628039 (D. Ariz. Dec. 17, 2013) A District Court in Arizona granted approval to a $157,000 settlement holding that the Settlement Agreement reflected a fair and reasonable resolution of wage issues in the action. Current and former cashiers who were employed with the defendants brought this action alleging violations of […]

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Ninth Circuit’s Lowdermilk’s Legal Certainty Standard is Irreconcilable with Standard Fire

Posted in Case Summaries, Wage and Hour

Rodriguez v. AT&T Mobility Services, LLC, 2013 WL 4516757 (9th Cir. Aug. 27, 2013). The Ninth Circuit’s decision that Lowdermilk’s imposition of the legal certainty standard was clearly irreconcilable with Standard Fire is a boon to defendants seeking to remove cases to federal court under CAFA.  (Editor’s Note: See the CAFA Law Blog analysis of Lowdermilk […]

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Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard

Posted in Case Summaries, Jurisdictional Amount, Wage and Hour

Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds $5,000,000, the aggregate number of proposed plaintiffs is 100 or greater, and any member of the plaintiff […]

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Forum Shopping May Not Qualify as Bad Faith

Posted in Case Summaries, Wage and Hour

Deaver v. BBVA Compass Consulting & Benefits, Inc., 2013 WL 2156280 (N.D. Cal. May 17, 2013). The U.S. District Court for the Northern District of Florida determined whether the Supreme Court’s recent decision in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) rendered the District Court’s earlier decision in Lowdermilk v. U.S. […]

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Citizenship, not Residency bring cases to Federal Court

Posted in Case Summaries, Wage and Hour

Villa v. United Site Servs. of California, Inc., 2013 WL 2436605 (N.D. Cal. June 4, 2013).  District Judge Jon S. Tigar, writing for the Northern District of California remanded an action for failure to establish minimal diversity, holding that the relevant inquiry for determining whether minimal diversity exists is the citizenship of the parties, which […]

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Amount in Controversy adequately supported by Defendant’s Affidavit

Posted in Uncategorized, Wage and Hour

Turnage v. Old Dominion Freight Line, Inc, 2013 WL 2950836 (N.D. Cal. June 14, 2013). The plaintiff, truck driver, brought a wage and hour action in violation of California Labor Code, and Industrial Welfare Commission Wage Orders.  The plaintiff also brought a representative claim under the Private Attorney General Act, and a cause of action […]

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Individual Claims are Immaterial because CAFA Aggregates the Class Claims

Posted in Case Summaries, Wage and Hour

Stella v. Hertz Corp, 2013 WL 2456042 (S.D. Cal. June 5, 2013). Establishing that the named plaintiff’s individual claims exceeds $75,000 is immaterial to CAFA jurisdiction.  What is important under CAFA is that the claim of the class should exceed $5 million.  Because the defendant here did not establish CAFA requirements, a District Court in […]

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Defendant’s Amount In Controversy Award Scrutinized for Time Barred and Other Inapplicable Damage Claims

Posted in Case Summaries, Uncategorized, Wage and Hour

Smith v. Lux Retail North America, Inc., 2013 WL 2932243 (N.D.Cal. June 13, 2013) In calculating damages, the defendant in this action had added damages that were outside the statute of limitations and otherwise inapplicable.  Rejecting the defendant’s calculations, a District Court in California remanded the action to state court.

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Better Late Than Never: Defendant Allowed To Raise CAFA’s Home State Exception Three Years After Filing Complaint

Posted in Case Summaries, Wage and Hour

Gold v. New York Life Ins. Co., 730 F.3d 137 (2nd Cir. 2013). In this appeal, the Second Circuit held (1) that CAFA’s home state exception is not jurisdictional and must be raised within a reasonable time, and (2) that the district court’s discovery schedule, which required the defendant to complete individual discovery before commencing […]

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California District Court Avoids Addressing Controlling Standard for Determining Amount in Controversy

Posted in Case Summaries, Wage and Hour

Ornelas v. Children’s Place Retail Stores, Inc., 2013 WL 2468388 (C.D.Cal. June 5, 2013). A District Court in California avoided addressing the effect of a recent Ninth Circuit decision on the controlling standard for determining the amount in controversy in a removed case where Plaintiff has pled less than the jurisdictional amount. The plaintiff, a […]

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Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claims

Posted in Case Summaries, Wage and Hour

Ellison v. Autozone, Inc., 2012 WL 5177478 (9th Cir. Oct. 19, 2012). In this racial discrimination and state wage laws violation action, the Ninth Circuit reiterated that the federal courts are not deprived of jurisdiction over individual claims through a subsequent dismissal or transfer of class claims when jurisdiction was proper at the time of […]

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If A Defendant Could Be Found Liable For The Plaintiff’s Claims, Then He Is A Proper Defendant

Posted in Case Summaries, Wage and Hour

Velasquez v. HMS Host USA, Inc., 2012 WL 6049608 (E.D. Cal. Dec. 5, 2012). A District Court in California held that, if one could be found liable for civil penalties under the law asserted by the plaintiffs, then he is a proper defendant to the action and not joined fraudulently to defeat diversity jurisdiction.

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If the Burden is on you to Prove the Amount in Controversy, be Sure to Check your Math!

Posted in Case Summaries, Wage and Hour

Kim v. Mosaic Sales Solutions Holding Co., No. 2:10-cv-03186-MCE-GGH, 2011 WL 775895 (E.D. Cal. Feb. 28, 2011). As lawyers, sometimes we are not the best number crunchers. After all, many of us pursued degrees in Political Science because there was very little math required. But, when fooling with  CAFA, make sure your math is correct if you […]

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Lazy Defendants Lost The Second Chance

Posted in Case Summaries, Wage and Hour

Moncada v. Petroleum Geo-Servs., No. 1:11–cv–1352 AWI JLT, 2011 WL 5101907 (E.D. Cal. Oct. 25, 2011). A District Court in California held that while calculating the value of the injunctive relief, the calculation should be limited to those employed at the time of filing the suit because the former employee class members do not possess […]

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Amount In Controversy Signifies Entire Potential Recovery

Posted in Case Summaries, Wage and Hour

Jones v. ADT Security Servs., Inc., 2012 WL 12744 (C.D. Cal. Jan. 3, 2012). While granting the motion to remand, a District Court in California held that “amount in controversy,” denotes ‘entire potential recovery’ of the class; thus, limiting the amount in controversy to less than $5 million establishes that the class does not seek […]

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New Jersey District Court Explains The Factors To Be Considered While Calculating The Amount In Controversy

Posted in Case Summaries, Wage and Hour

Mazzucco v. Kraft Foods Global, Inc., 2011 WL 6935320 (D.N.J. Nov. 23, 2011). In this wage and hour class action, a District Court in New Jersey while declining to remand held that to calculate the amount in controversy, the courts consider (1) the number of class members; (2) the liability period; (3) hours of overtime […]

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To Be Or Not To Be!

Posted in Legal Publications and Articles, Wage and Hour

Kimberly Nakamauru, Comment, Touching a Nerve: Hertz v. Friend’s Impact on the Class Action Fairness Act’s Minimum Diversity Requirement, 44 Loy. L.A. L. Rev. 1019 (Spring 2011). In her article, Kimberly Nakamauru, a 2011 J.D. Candidate at Princeton University analyzed the United States Supreme Court’s decision in Hertz v. Friend, 30 S. Ct. 1181 (2010)’s […]

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An Assumption, Regardless Of Its Purpose, By Definition Is “Something Taken For Granted”

Posted in Case Summaries, Wage and Hour

Montalvo v. Swift Transp. Corp., 2011 WL 6399457 (S.D. Cal. Dec. 19, 2011). Remember, the true meaning of “assume” is found within the letters that compose the word. When you assume you make an “ass (out) of u and me.” In this action, a District Court in California, citing to the language in Lowdermilk that “CAFA’s removal […]

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