CAFA Exceptions to Removal Produce Remand of One Katrina Case, But Not Other, 75 U.S. L.W. (BNA) 1676 (May 15, 2007) and Fifth Circuit Considers CAFA Exceptions In Two Katrina Suits; Upholds One Remand, 8 Class Action Litig. Rep. (BNA) 330 (May 11, 2007).
The Fifth Circuit opinions on CAFA jurisdiction exceptions in Weems v. Touro Infirmary and SHONO, Inc. No. 07-30160, 2007 WL 1206984 (5th Cir. Apr. 25, 2007)and Preston v. Tenet Heathsystem Memorial Medical Center, Inc. No. 07-30132, 2007 WL 1217923 (5th Cir. Apr. 25, 2007) have garnered attention from the editors at BNA’s U.S. Law Week and Class Action Litigation Report. And why shouldn’t they?
These are fascinating examples for students of CAFA jurisdiction. The articles compare, almost in Goofus/Gallant fashion, how the parties’ different strategies regarding arguments and evidence landed one case in federal court and one back in state court under almost identical facts. The articles are worth a read, if you do not have time to read the opinions or the CAFA Law Blog analysis of each case. (Editors’ Note: See the CAFA Law Blog analyses of Preston posted on June 5, 2007 and January 24, 2007, and of Weems posted on June 7, 2007).