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Amount in Controversy

142 published works

  1. 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…

  2. 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…

  3. Paul W. Mollica Federal Courts Blog

    CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit

    By Paul W. Mollica

    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…

  4. 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…

  5. Insurance Law Hawaii

    Coverage Case Remanded For Failure to Meet Amount in Controversy Requirement

    By Tred R. Eyerly

        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…

  6. Drug & Device Law

    Medical Bills Establish Amount In Controversy for Federal Jurisdiction

    By Stephen McConnell

    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…

  7. 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…

  8. 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…

  9. 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…

  10. 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…