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Roberts v. Tribeca Automotive, Inc., 2019 WL 522127 (D.N.J. February 11, 2019)
In this action, the District Court of New Jersey adopted a magistrate’s recommendation which granted the plaintiff’s motion to remand the case back to state court. The plaintiff…
Continue Reading District Court of New Jersey Declines CAFA Jurisdiction In A Matter That Is “Uniquely Local” Pursuant To CAFA’s “Interests of Justice” Exception
Scott v. Cricket Communications, LLC, 15-03330-GLR (D. Md. March 30, 2018)
Reiterating that a court will not protect a party from the adverse consequences of its own voluntary acts, a District Court in Maryland denied a second motion to remand…
Continue Reading Unintended Consequences: Careful How You Amend
Kendrick v. Xerox State and Local Solutions, Inc., et al., 18-cv-00213 (N.D. Cal. 2018).
In granting plaintiffs’ motion to remand, a district court in California found that an action may be deemed a state action under section 1332(d)(5) if…
Continue Reading A Private Entity May Be Treated As a State Actor Under Section 1332(d)(5) When Intertwined With State Actors Such That the Actions of One Can Be Imputed On Others
Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media…
Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24
McAllister v. The St. Louis Rams, LLC, No. 4:16-cv-00172 (E.D. Mo. Feb. 12, 2018).
In this action, while remanding a case to state court, a district court in Missouri found that the plaintiffs’ burden of proof, as the party invoking…
Continue Reading Burden Of Proof Of A Party Invoking The Local Controversy Exception Is By A “Preponderance” – Or More Than 50% – Of The Evidence
Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media…
Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24
Robertson v. Sun Life Financial, 2:17-cv-02148-SSV-JVM (E.D. La. Jan. 22, 2018)
In this action, a Louisiana District Court denied a motion to remand, finding that the Plaintiff’s generic demand for damages from a “local” defendant was insufficient to justify…
Continue Reading Generic Demand For Damages Does Not Justify Local Controversy Exception to CAFA
Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media…
Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24
Pattison v. Omnitrition International, Inc. No. 2:17-cv-01454 (W. D. Wa. Jan. 5, 2018).
In this action, while granting the defendants’ motion for reconsideration of the order remanding the matter to state court, a District Court in Washington found that the…
Continue Reading Sworn Declaration Itself Serves As Factual Evidence Supporting The Amount-In-Controversy
White Knight Diner, LLC v. Arbitration Forums, Inc. No. 4:17-cv-02406 (E.D. Mo. Jan. 12, 2018).
In this action, while denying the plaintiffs’ motion to remand, a District Court in Missouri found that the plaintiffs could meet their burden under the…
Continue Reading A “Resident” Is Not The Same As A “Citizen” For Purposes Of CAFA’s Local Controversy Exception
