Topic
Amount in Controversy
142 published works
California Employment Law Update
CAFA-Removed Case Is Remanded Based On Insufficient Amount In Controversy
By Tony Oncidi
Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020) KM Industrial removed from state to federal court the putative wage/hour class action under the Class Action Fairness Act…
California Employment Law Update
Amount In Controversy Satisfied CAFA Minimum
By Tony Oncidi
Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging…
Paul W. Mollica Federal Courts Blog
CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit
In Salter v. Quality Carriers, Inc., No. 20-55709 (9th Cir. Sept. 8, 2020), the Ninth Circuit holds that the district court erred in holding that a defendant seeking to remove…
Hunton Employment & Labor Perspectives
Ninth Circuit Says Reasonable Possibility of Punitive Damages Will Suffice for Amount-in-Controversy Under CAFA
By Veronica A. Torrejón, Ryan A. Glasgow
The Ninth Circuit Court of Appeals has joined several sister circuits in holding that courts should consider the amount of “possible” and not “probable” punitive damages in determining the $5…
Insurance Law Hawaii
Coverage Case Remanded For Failure to Meet Amount in Controversy Requirement
The district court granted the motion to remand due to lack of subject matter jurisdiction because the insurer did not sufficiently establish that the amount in controversy was…
Drug & Device Law
Medical Bills Establish Amount In Controversy for Federal Jurisdiction
Hard to believe, but there are some plaintiffs who shun federal court. You all are as capable as we are of filling in the blank as to why that is…
Bad Faith Sentinel
Not in Time: Complaint Remanded Where Insurer “Should Have Known” That the Amount in Controversy Exceeded the Jurisdictional Threshold Because the insureds did not Expressly Limit Their Demand for bad faith Damages
By mmacdonald
Saul Ewing Blogs | Not in Time: Complaint Remanded Where Insurer "Should Have Known" That the Amount in Controversy Exceeded the Jurisdictional Threshold Because the insureds did not Expressly Limit…
California Workplace Law Blog
CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By Statute Or Contract
By Jessica C. Gregg, Jackson Lewis P.C.
In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover its…
California Employment Law Update
Employer’s Future Attorneys’ Fees Should Be Considered In Connection With CAFA Amount-In-Controversy Requirement
By Tony Oncidi
Fritsch v. Swift Transp. Co. of Ariz., LLC, 899 F.3d 785 (9th Cir. 2018) At issue in this case is whether the district court erred in remanding an action to…
Hunton Employment & Labor Perspectives
Class Action Fairness Act: Determining the “Amount in Controversy” in California
By Sean-Patrick Wilson, Roland M. Juarez
The Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d)(2), confers federal subject matter removal jurisdiction over purported class actions filed in state court when, among other things, there is…