Arnold v. OSF International Inc, et al, 2017 WL 2841697 (C.D. Cal. June 30, 2017).
In this action, a California district court found that the amount sought by the plaintiff pursuant to her representative PAGA claim could not be
CAFA Law Blog
Information, cases and insights regarding the Class Action Fairness Act of 2005
The CAFA Law Blog, published by McGlinchey Stafford, PLLC, focuses on legal issues related to the Class Action Fairness Act (CAFA) and federal jurisdiction over class actions. It covers topics such as jurisdictional requirements under CAFA, exceptions like the local controversy and home state exceptions, removal and remand procedures, and the interplay between state and federal courts in class action litigation. The blog also discusses recent court decisions interpreting CAFA provisions, procedural strategies in class action cases, and regulatory developments affecting class action practice. It serves as a resource for understanding the nuances of federal jurisdiction and litigation strategy in class action contexts.
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Federal Courts May Retain CAFA Jurisdiction Over State-Law Claims, Even If Federal Claims Fail as a Matter of Law and Only State-Law Claims Remain
Bigsby v Barclays Capital Real Estate Inc., 170 F. Supp. 3d 568 (S.D.N.Y. 2016).
A district court in New York found that because the allegations in the complaint were sufficient to establish that the required amount in controversy and…
Plaintiffs Are Permitted To File Several Separate Cases, Each Containing Fewer Than 100 Plaintiffs, To Avoid Removal As A Mass Action Under CAFA
Johnson v. Bayer Healthcare, LLC, et al., No. 4:17-cv-01533-RLW (E.D. Mo. Nov. 29, 2017).
In this action, while granting the plaintiffs’ motion to remand, a district court in Missouri found that the plaintiffs are permitted to avoid CAFA by dividing their plaintiffs…
Mere Substitution of Deceased Plaintiff’s Heir Does Not Commence a New Action under CAFA
Adams v. Grefer, 636 F. App’x 906 (5th Cir. 2016).
The Fifth Circuit affirmed a remand order, finding that amending the complaint to substitute an heir for a deceased plaintiff did not commence a new action for the purposes of…
Post-Removal Amendments Do Not Oust CAFA Jurisdiction
Romano v. Northrop Grumman Corporation, et al., No. 16-5760 (E.D.N.Y. Dec. 15, 2017).
In this action, while denying the plaintiffs’ motion to remand, a district court in New York found that amending a complaint after removal to eliminate class allegations…
A Single-State Class Action Fails to Qualify for the Local Controversy Exception If the Alleged Conduct Could Have Injured Consumers Throughout the Country
Gonzalez v. Banco Santander, et al., 2017 WL 5957735 (D.P.R. Dec. 1, 2017).
In this action, while denying the plaintiffs’ motion to remand, a district court in Puerto Rico found that the “local controversy” exception to CAFA does not…
In Absence of Direct Business Relationship, Customers Cannot Arraign a Corporation as a Defendant
Bell v. Gateway Energy Services Corporation et al., 2017 WL 5956887 (S.D.N.Y. Nov. 29, 2017).
In this action, while granting the defendants’ motion to dismiss for lack of subject matter jurisdiction, a district court in New York found that…
Unsupported Assumptions Prove Insufficient To Establish Amount In Controversy Under CAFA
Pazol v. Tough Mudder Inc., 2016 WL 1638045 (1st Cir. April 26, 2016)
Lisa C. Pazol, Maria C. Newman, Lisa Russ and Audrey J. Bennet (“Plaintiffs”) were registrants of an extreme obstacle course that was organized by Tough Mudder…
A Post-CAFA Mass Action Encompassing Civil Actions Commenced Both Before And After CAFA’s Commencement Can Be Removed To Federal Court
Lester v. Exxon Mobil Corporation, 2018 WL 330034 (5th Cir. Jan. 9, 2018).
In this action, the Fifth Circuit found that permitting removal over the suit as a whole, inclusive of the pre-CAFA claims, was consistent with congressional intent.…
Post-Removal Dismissal of Class Claims Does Not Eliminate Otherwise-Proper CAFA Jurisdiction
Loehn v. Lumber Liquidators Inc., 2016 WL 722002 (E.D. La. Feb. 24, 2016).
Here, the Eastern District of Louisiana denied remand finding that the post-removal event—plaintiffs’ voluntary dismissal of their class claims—did not deprive the court of jurisdiction, which…