Tag Archives: amount in controversy

Can a Class Action Plaintiff Limit the Putative Class’s Damages to Secure a State Forum?

Photo of Justin WinquistBy Justin Winquist on Posted in Class Action Fairness Act
Can a class action plaintiff, acting on behalf of a putative class, limit the putative class members’ damages in order to secure a state forum?  Is the putative representative bound by his or her duties to absent class members to maximize the damages they can recover?  Several courts have addressed these questions, and the answer to date … Continue Reading

CAFA: Ninth Circuit Gives Deference to Plaintiff’s Jurisdictional Allegations Avoiding CAFA Removal

By Matthew J. Moody on Posted in Class Action Fairness Act
The Southern District of California’s recent decision in Montalvo v. Swift Transportation Corp., No. 11-cv-1827-L(BLM), 2011 WL 6399457 (S.D. Cal. Dec. 19, 2011) demonstrates how a class action plaintiff’s artful pleading regarding the amount in controversy can keep a case in state court.  Plaintiff Montalvo was employed as a driver for Defendant, a truckload carrier … Continue Reading
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