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Fifth Circuit Narrows CAFA’s Local Controversy Exception Requiring All Plaintiffs Incur Their Principal Injuries in the Forum State

By Sheri Corales on March 18, 2024
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As a matter of first impression, in Cheapside Mins., Ltd. v. Devon Energy Prod. Co., L.P., No. 23-40591, 2024 WL 886951 (5th Cir. Mar. 1, 2024), the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based on its interpretation that the “principal injuries” prong of the CAFA local controversy exception requires all plaintiffs sustain their principal injuries in the forum state.  While most Plaintiffs sustained their injuries in Texas, others did not.  Accordingly, the Fifth Circuit concluded that the principal injuries prong was not satisfied.  Because Plaintiffs failed to demonstrate that the local controversy exception applies the Fifth Circuit vacated the district court’s remand order.

Read the full post by attorney Sheri Corales on Liskow’s Gulf Coast Business Law Blog here.

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Photo of Sheri Corales Sheri Corales

Sheri is a commercial litigator practicing in the firm’s New Orleans office.

Prior to joining the firm, Sheri served as a federal judicial law clerk to the Honorable Kurt D. Engelhardt of the United States Court of Appeals for the Fifth Circuit. Sheri…

Sheri is a commercial litigator practicing in the firm’s New Orleans office.

Prior to joining the firm, Sheri served as a federal judicial law clerk to the Honorable Kurt D. Engelhardt of the United States Court of Appeals for the Fifth Circuit. Sheri received her Juris Doctor from Loyola University New Orleans College of Law where she served as a member of Loyola Law Review, Moot Court, and Vice President of the Association of Women Law Students.

Read more about Sheri CoralesEmail
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  • Posted in:
    Class Action & Mass Torts
  • Blog:
    The Energy Law Blog
  • Organization:
    Liskow & Lewis
  • Article: View Original Source

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