Two recent federal court of appeals decisions on the Class Action Fairness Act (CAFA) address the measurement of the amount in controversy on a declaratory judgment claim, and a “late” removal based on the Supreme Court’s decision in Standard Fire
Class Actions Insider
Class Actions Insider, published by Robinson & Cole LLP, focuses on developments and issues in class action litigation. The blog covers topics such as class certification standards, appellate decisions affecting class actions, strategies involving appeal bonds in class settlements, and procedural rules including potential amendments to federal class action rules. It also addresses jurisdictional questions under statutes like the Class Action Fairness Act and discusses litigation funding disclosures. The blog analyzes court rulings on consumer protection claims, insurance class actions, and the impact of individual issues on class treatment, providing insights relevant to both plaintiffs and defense counsel involved in class action practice.
Latest from Class Actions Insider - Page 17
Mississippi ex. rel. Hood v. AU Optronics Corp.: Supreme Court Decides What Constitutes a “Mass Action” Under the Class Action Fairness Act
Today, the U.S. Supreme Court issued its second decision construing the Class Action Fairness Act of 2005 (“CAFA”) in Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (slip opinion). In a unanimous opinion authored by…
Declaratory Relief in Insurance Class Actions: Certification Denied Because Putative Class Members Lacked Standing
A recent trend in insurance class actions (and class actions generally) has been for plaintiffs to bring cases seeking primarily or exclusively declaratory relief. This is because of a perception that Rule 23(b)(2) classes (seeking declaratory or injunctive relief) are…
Local Controversy Exception to Class Action Fairness Act Addressed By Fourth Circuit
One of the exceptions to federal jurisdiction under the Class Action Fairness Act (“CAFA”) is known as the “local controversy exception.” It requires a federal district court to decline to exercise jurisdiction where more than two-thirds of the proposed class…
Using Appraisal to Defend Against a Class Action on Property Insurance or Auto Insurance
In industries other than insurance, arbitration provisions have become a key technique used to defend against class actions. The U.S. Supreme Court has made it quite clear over the last few years that it will enforce the use of an…
Recent Insurance Class Action Filings Focus Primarily on Compliance Issues
As we near the end of the year, from what I have seen in monitoring new class action filings against the insurance industry, a main focus of the plaintiffs’ bar in 2013 has been on what might broadly be characterized…
Ohio Supreme Court Finds Class Certification Inappropriate in Insurance Class Action
The Ohio Supreme Court recently issued an opinion reversing the certification of a class in a case against State Farm involving repair vs. replacement of windshields on auto claims. In Cullen v. State Farm Mutual Automobile Ins. Co., 2013…
Mississippi v. AU Optronics Corp.: Oral Argument in U.S. Supreme Court
The U.S. Supreme Court recently heard oral argument in its second case involving the Class Action Fairness Act (“CAFA”), which is Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (see oral argument transcript; SCOTUSblog page). …
Class Action on Depreciation of Labor on Property Insurance Claims: New Arkansas Supreme Court Decision
In a putative class action pending Arkansas federal court, a question of law was certified to the Arkansas Supreme Court regarding whether labor may be depreciated on property insurance claims, if the insurance policy does not define the term “actual…
Insights from the ABA National Institute on Class Actions – Part 2
Here is the second installment of my insights from the ABA National Institute on Class Actions:
- Arbitration: Paul Bland’s comments on arbitration were, well, anything but bland. He commented that plaintiffs are being “run over like a lawn mower”
…