Tag Archives: removal

Supreme Court To Decide CAFA Pleading Standard

By Patrick T. Lewis on April 8, 2014 Posted in Class Action Fairness Act, Standing

On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit. In that case, the Court will resolve a circuit split over the pleading standard applicable to determining CAFA removal jurisdiction. The question presented is: Whether a defendant seeking removal to federal court … Continue Reading

Removal Evidence Need Not Be Perfect and Declaratory Relief Alone May Satisfy CAFA Amount-in-Controversy Requirement, says the Eleventh Circuit

By Andrew Samuels on February 19, 2014 Posted in Class Action Fairness Act, Insurance, Rule 23(b)(2) Class Actions

Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be up to the task” of satisfying the Class Action Fairness Act’s $5 million amount-in-controversy requirement. In an alleged class action … Continue Reading

SCOTUS: Mississippi AG Suit is not a Removable CAFA Mass Action

By Casie Collignon on January 14, 2014 Posted in Antitrust, Class Action Fairness Act

In Mississippi ex rel. Jim Hood v. AU Optronics Corp., Case No. 12-1036 (U.S. Jan. 14, 2014), the United States Supreme Court reversed the Fifth Circuit’s decision and held that a statewide antitrust lawsuit brought by the state attorney general seeking restitution for its citizens is not a CAFA mass action and is therefore not … Continue Reading

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction

By Paul Karlsgodt on June 29, 2012 Posted in Class Action Fairness Act

Yesterday, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a plaintiff cannot conclusively avoid federal removal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by including in the complaint a statement of intention not to seek more than $4,999,999.99 in damages on behalf of the putative class. … Continue Reading

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

By Justin Winquist on January 2, 2012 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 January 2, 2012 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