In Brinkley v Monterey Financial Services Inc., the Ninth Circuit vacated the district court’s remand order, and held that a plaintiff cannot remand an otherwise valid CAFA case to state court when only a portion of the class
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.
Latest from CAFA Law Blog - Page 5
Plaintiff Must Present Persuasive Substantive Evidence To Establish The Citizenship Of The Class Members
Nichols v. Chesapeake Operating LLC, No 5:16-cv-01073-M (W.D. Ok. Sept. 13, 2017).
In this action, a district court in Oklahoma denied the plaintiff’s motion to abstain under the home-state mandatory abstention exception to CAFA finding that the plaintiff cannot rely…
CAFA’s Amount in Controversy Could Not be Aggregated When Each Plaintiff’s Claims Are Wholly Unrelated to the Claims of the Other and When the Defendants Are Not Jointly Liable
Castillo v. Western Range Ass’n, 2017 WL 1364584 (D. Nev. April 13, 2017).
In dismissing a wage-and-hour class action for lack of subject matter jurisdiction, the U.S. District Court for the District of Nevada held that the CAFA’s amount-in-controversy…
Only Disputed Sums Of Money Is Counted In Assessing Amount In Controversy
Scott v. Credico (USA) LLC, et al., 2017 WL 4210994 (N.D. Cal. Sept. 22, 2017).
In this case, while remanding a case to the state court, a district court in California found that gross wages, paid and unpaid, should…
Allegations that Many Class Members Reside Out of State Satisfies Requirement for “Short and Plain Statement” in Notice of Removal
Gibson v. Continental Resources, Inc. Case No. 5:15-cv-00611-M, (W.D. Okla. Oct. 8, 2015).
This order concerned a motion to remand a case to state court based on the plaintiff’s assertions that the defendant had not filed a sufficient removal notice.…
CAFA Is Not The Exclusive Means For Establishing Subject Matter Jurisdiction Over Class Actions
Jessica Casey, et al., v. Roger Denton, et al., 2017 WL 3461363 (S.D. Ill. Aug. 11, 2017).
In this action, while denying the plaintiffs’ motion to remand, a district court in Illinois found that CAFA is not the exclusive means…
A Mass Action Must Involve Monetary Claims Brought By 100 Or More Persons Who ‘Propose To Try Those Claims Jointly’ As Named Plaintiffs
Loretta_Little_et_al_v_Pfizer_Inc_et_al., 2017 WL 3412300 (N.D. Cal. Aug. 9, 2017).
In this action involving claims from the plaintiffs in several lawsuits, the United States District Court, Northern District of California (the “District Court”), while remanding the cases to state court,…
Subject Matter Jurisdiction Can Be Challenged At Any Time And It Is Not Subject To The Thirty-Day Time Limit Required by 28 U.S.C. § 1447(c)
Marciela_Reyes_v_Carehouse_Healthcare_Center_LLC_et_al., 2017 WL 2869499 (C.D. Cal. July 5, 2017).
In this action, while denying Plaintiff Maricela Reyes’ (“Plaintiff”) motion to remand, the United States District Court, Central District of California (the “District Court”), held a motion to remand challenging…
Plaintiffs Can Avoid Mass Action Jurisdiction Under CAFA By Artificially Splitting Cases Into Groups of Fewer Than 100 Plaintiffs
Jordan v Bayer Corporation, 2017 WL 1909059 (E.D. Mo. May 10, 2017).
In granting plaintiffs’ motion to remand, a Missouri District Court held that the Class Action Fairness Act did not apply where state court plaintiffs with common claims…
Plaintiff’s Failure To Establish Class’s Citizenship Proves Fatal To Utilizing The Local Controversy Exception
McMullen v. Synchrony Bank, 128 F.Supp.3d 180 (D.C. 2015)
In this action, the District Court declined to remand the case back to the superior court based on the local controversy exception to the Class Action Fairness Act (“CAFA”). The…