Stoddard v. Oxy USA Inc., 2017 WL 3190354 (D. Kan. July 27, 2017).
In denying a plaintiff’s motion to remand, a district court in Kansas held that the defendant proved by the preponderance of the evidence that jurisdiction was
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 6
Defendants Can Draw Reasonable Inferences From a Complaint, But Their Estimated Amount in Controversy Cannot Be Pulled Out of “Thin Air”
Rutledge_v_Healthport_Technologies, LLC, 2017 WL 728375 (N.D. Cal. Feb. 24, 2017)
To satisfy the amount-in-controversy requirement for CAFA jurisdiction, defendants may draw reasonable inferences from the complaint, but the defendants still need to be a concrete basis for their estimate.…
No Extra Toppings Of Punitive Damages In CAFA’s Amount In Controversy Calculation Without Sufficient Evidence
Rosenbloom v. Jets America Inc., No 4:17-cv-01930 (E.D. Mo. Sept. 29, 2017).
In this action, while granting a plaintiff’s motion to remand, a district court in Missouri found that while punitive damages are included in the amount in controversy, the…
The “Admission” That Cannot Be Admitted Into Evidence
Lubinski v. Hub Group Trucking, Inc., 634 Fed. Appx. 587 (6th Cir. April 1, 2016).
Plaintiff filed a complaint in the Northern District of Illinois on behalf of current and former Illinois delivery drivers, alleging violations of the Illinois…
Defendant Must Show By Fact, Not Mere Conclusory Allegations, That Federal Jurisdiction Exists
Carrigan v. Southeast Alabama Rural Health Associates, et al., 2017 WL 4018031 (M.D. Ala. Sept. 12, 2017).
In this action, while granting the plaintiffs’ motion to remand, a district court in Alabama found that while the defendant may have…
The Eighth Circuit Refused To Apply The Plaintiff’s Viewpoint Rule Or The Either Viewpoint Rule To Determine The Amount In Controversy Because The Defendant Did Not Meet Its Burden Under Either Rule
Jaclyn_Waters_v__Ferrara_Candy_Co., 2017 WL 4562635 (8th Cir. Oct. 13, 2017).
In this action, while affirming the United States District Court for the Eastern District of Missouri’s (the “District Court”) remand order, the United States Court of Appeals for the Eighth…
The Eighth Circuit’s Longstanding Precedent Outweighs The Senate Report Endorsing ‘The Either Viewpoint Rule’
Jaclyn_Waters_v_Ferra_Candy_Co., 2017 WL 2618271 (E.D. Mo. June 16, 2017).
In this action, while granting Plaintiff Jaclyn Waters; Motion to Remand, the United States District Court, Eastern District of Missouri (the “District Court”) found the plain language of the Class…
Rams Allowed to Offer Evidence in Support of Removal in Overtime!
Pudlowski v. St. Louis Rams, LLC, 2016 WL 3902660 (8th Cir. July 19, 2016).
The United States Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) reversed an order remanding the action to the Missouri State Court (“State…
Real “Targets” are Primary Defendants Under CAFA’s Home State Exception
Hunter v. City of Montgomery, Alabama, 2017 WL 2634162 (11th Cir. June 14, 2017).
In this action, while affirming the order of a district court, the Eleventh Circuit found that primary defendants under the home state exception to CAFA…
Removal Based On CAFA Differs From Removal Based On Diversity Jurisdiction
Forest Creek Townhomes, LLC, v. Carroll Property Management, LLC, et. al., 2017 WL 2557716 (6th Cir. June 13, 2017).
In this action, while affirming a district court’s denial of the plaintiff’s motion to remand, the Sixth Circuit found that…