Walsh v. Defenders, Inc, 2018 WL 555690 (D.N.J. Jan. 25, 2018).
On a motion for reconsideration, a District Court in New Jersey reversed an earlier ruling denying a motion to remand based on the “local controversy” exception to CAFA.
CAFA Law Blog
Information, cases and insights regarding the Class Action Fairness Act of 2005
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Sua Sponte Remand By District Court Only Appropriate When Based On A Defect In Subject Matter Jurisdiction
Kenny v Wal-Mart Stores, Inc., et al., 2018 WL 650998 (9th Cir. Feb. 1, 2018).
In this action, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) found that a district court lacks authority to…
Post Filing Change In Citizenship Does Not Satisfy Minimum Diversity Requirement Under CAFA
Sanchez v. Ameriflight, LLC, 2018 WL 654170 (9th Cir. Feb. 1, 2018).
Here, the Ninth Circuit found that where parties were not diverse at the onset of the action, a post-filing change in citizenship cannot cure the original defect…
Statistical Assumptions, if Based in Reason, May be Used to Prove That CAFA’s Amount-In-Controversy Requirement Has Been Satisfied
Allred v. Kellogg_Company, et al., 2018 WL 332904 (S.D. Cal. Jan. 9, 2018).
A California district court denied the plaintiff’s motion to remand, holding that the statistical assumptions used in the defendant’s amount-in-controversy calculation were permissible under the circumstances.…
A Challenge to Defendants’ Calculation of the Amount-in-Controversy Requires More than Mere Criticism of Evidence
Carter, et al., v. Westlex Corporation, et al., 2016 WL 1397648 (5th Cir. April 8, 2016).
The Fifth Circuit affirmed the District Court’s order retaining jurisdiction over an action where the defendants established by a preponderance of the evidence…
30-Day Time Period for Removing Case Pursuant to 1446 Only Begins to Run when Amount-In-Controversy Is Apparent
Graiser v. Visionworks of America, Inc., 2016 WL 1359048 (6th Cir. April 6, 2016).
The Sixth Circuit held that the 30-day removal period under CAFA does not begin if the plaintiff does not serve the defendant with an amended…
Unsupported Allegations That Diverse Class Members Exist Are Insufficient To Establish CAFA Jurisdiction
Calmes v. Boca West Country Club, 2017 WL 4621112 (S.D. Fl. Oct. 16, 2017).
A district court in Florida dismissed the plaintiff’s complaint for lack of subject-matter jurisdiction under the Class Action Fairness Act (CAFA) finding that the plaintiff…
A Parens Patriae Action Is Not Removable Under CAFA
State of New Hampshire v Purdue Pharma, et al., 2018 WL 333824 (D.N.H. Jan. 9, 2018).
In this action a New Hampshire district court found that a parens patriae case was not sufficiently similar to a class action brought…
District Court Provides Primer on the Origins of Local Controversy Exception and Explains the Purpose of “No Other Class Action” Element of the Exception
Carter_v_CIOX_Health_LLC, 2017 WL 2334886 (W.D.N.Y. May 30, 2017).
When denying a defendant’s request to remand a putative class action for lack of subject matter jurisdiction under CAFA, a district court in New York educates the parties on the origins,…
Plaintiff’s Use of Questionable Tactics to Avoid Remand Backfires and Court Declines to Apply CAFA’s “Interests of Justice” Exception
Shelby v. Oak River Insurance Company, 2017 WL 6026672 (W.D. Mo. Dec. 5, 2017).
In this action, while denying the plaintiff’s motion to remand, a district court in Missouri found that the plaintiff’s tactics to avoid removal by being…