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Category Archives: Class Action Fairness Act

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Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

Posted in Class Action Fairness Act

The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719 (SCOTUSblog page) (transcript). This case involves whether a defendant must provide evidence with its notice of removal under the Class Action Fairness Act to support the amount in controversy. I wrote about this case after certiorari… Continue Reading

Strategies for Removal Under Class Action Fairness Act (CAFA): ABA Corporate Counsel Article

Posted in Articles, Class Action Fairness Act

I recently published an article in the ABA Corporate Counsel newsletter, entitled “Strategies for Removal Under the Class Action Fairness Act.”  It is intended to serve as a quick guide to removal under the Class Action Fairness Act and addresses the key recent decisions, although it does not attempt to cover the entire landscape.  It’s… Continue Reading

Supreme Court To Decide Whether Evidence Must Be Submitted With Notice of Removal: Dart Cherokee Basin v. Owens

Posted in Class Action Fairness Act

Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket).  The question presented is: Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short and plain statement… Continue Reading

Amount in Controversy for Declaratory Judgment Claims and “Late” Removal Based on Standard Fire v. Knowles Addressed By New Class Action Fairness Act (CAFA) Appellate Decisions

Posted in Class Action Fairness Act

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 Ins. Co. v. Knowles.  Both decisions are favorable to defendants.  The Eleventh Circuit’s opinion on… Continue Reading

Mississippi ex. rel. Hood v. AU Optronics Corp.: Supreme Court Decides What Constitutes a “Mass Action” Under the Class Action Fairness Act

Posted in 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 Justice Sotomayor (for whom I was a law student intern years ago when she was on the Second… Continue Reading

Local Controversy Exception to Class Action Fairness Act Addressed By Fourth Circuit

Posted in Class Action Fairness Act

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 members are citizens of the state where suit was filed, the principal injuries occurred in… Continue Reading

Mississippi v. AU Optronics Corp.: Oral Argument in U.S. Supreme Court

Posted in Class Action Fairness Act

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).  The question presented is “Whether a state’s parens patriae action is removable as a ‘mass action’ under the… Continue Reading

Declaratory Judgment Action Against Liability Insurer Held Removable Under Class Action Fairness Act (CAFA)

Posted in Class Action Fairness Act

The Seventh Circuit recently held that a declaratory judgment action involving liability insurance coverage for an underlying class action, in which the insured’s rights under the policy had been assigned to a certified class, was removable to federal court under the Class Action Fairness Act (CAFA).  This is a significant decision for insurers faced with… Continue Reading

Does Evidence Need To Be Attached To A Notice of Removal Under the Class Action Fairness Act (CAFA)? Perhaps, According to a Tenth Circuit Dissent

Posted in Class Action Fairness Act

A recent dissent from a denial of rehearing en banc in the Tenth Circuit suggests that a defendant may need to include evidence with its notice of removal under the Class Action Fairness Act (CAFA).  This could heighten the burden on defendants under CAFA, where they are already required to do extensive work in a… Continue Reading

Burden of Proof Under Class Action Fairness Act: Ninth Circuit Interprets Standard Fire v. Knowles

Posted in Class Action Fairness Act

One of the issues that lawyers debated after the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles (blog post) was whether the Court had effectively overturned precedent in the Ninth Circuit and Third Circuit on the burden of proof that the party asserting federal jurisdiction bears in establishing the amount in controversy under… Continue Reading

When Can You Remove A Class Action? New Ninth Circuit Opinion Provides Guidance

Posted in Class Action Fairness Act

A recent decision by the Ninth Circuit regarding the timing of removal to federal court has gotten a fair amount of attention in the legal media.  It potentially opens the door to later removals of cases more than 30 days after service of the complaint, although I don’t expect that defendants’ practices will change significantly. … Continue Reading

Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says “No”

Posted in Class Action Fairness Act

One of the issues raised by some legal commentators after the U.S. Supreme Court decided Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) (blog post), was whether the Supreme Court’s opinion invalidating named plaintiffs’ stipulations regarding the amount in controversy would allow cases to be removed again, or removed after the 30-day… Continue Reading

Supreme Court To Decide Whether State Attorney General’s Parens Patriae Action Is A “Mass Action” Under the Class Action Fairness Act

Posted in Class Action Fairness Act

Next Term, the U.S. Supreme Court will decide whether, or under what circumstances, a lawsuit brought by a state attorney general as a parens patriae action is removable as a “mass action” under the Class Action Fairness Act (CAFA).  This week the Supreme Court granted certiorari in Mississippi ex rel. Hood v. AU Optronics Corp.,… Continue Reading

Attorneys’ Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit

Posted in Class Action Fairness Act, Class Action Settlements

Under the coupon settlement provision of the Class Action Fairness Act (CAFA), do attorneys’ fees always have to be based on the value of the coupons redeemed, or can they be based on a lodestar calculation?  The Ninth Circuit recently addressed this question and held, in a 2-1 decision, that any award of fees “attributable… Continue Reading

U.S. Supreme Court Decision in Standard Fire Insurance Company v. Knowles — Class Action Fairness Act Case

Posted in Class Action Fairness Act

Yesterday, the U.S. Supreme Court issued its opinion in The Standard Fire Insurance Company v. Knowles, No. 11-1450 (slip opinion), which involves the Class Action Fairness Act of 2005 (CAFA).  In a unanimous opinion authored by Justice Breyer, the Court overturned the district court’s decision remanding a putative class action to state court.  The Court… Continue Reading

Standard Fire Ins. Co. v. Knowles: U.S. Supreme Court Hears Oral Argument in First Class Action Fairness Act (CAFA) Case

Posted in Class Action Fairness Act

Yesterday the U.S. Supreme Court heard oral argument in Standard Fire Insurance Co. v. Knowles, its first case involving the Class Action Fairness Act of 2005 (CAFA).  The case involves whether a named plaintiff can evade federal jurisdiction under CAFA by stipulating that he will not seek more than $5 million on behalf of the… Continue Reading

Class Action Fairness Act (CAFA) Interlocutory Appeals: Article Published in DRI’s In-House Defense Quarterly

Posted in Class Action Fairness Act

I recently published an article on Class Action Fairness Act (CAFA) interlocutory appeals (pdf) in the Defense Research Institute’s In-House Defense Quarterly magazine.  DRI was kind enough to allow me to republish it here for readers of my blog.  My article focuses on the practical challenges in these appeals given their expedited timeframe, and strategies… Continue Reading

Standard Fire Insurance Company v. Knowles: Supreme Court Grants Certiorari

Posted in Class Action Fairness Act

In my August 20, 2012 post, I noted that there were several petitions pending before the U.S. Supreme Court involving class action issues.  Today the U.S. Supreme Court granted certiorari in The Standard Fire Ins. Co. v. Knowles, an insurance class action case presenting the following question: Whether, after Smith v. Bayer, when a named… Continue Reading

Supreme Court Class Action Cases for October 2012 Term

Posted in Class Action Fairness Act, Class Certification Standards

The U.S. Supreme Court has already granted review on one class action law issue as described in my June 26, 2012 post.  In Comcast Corp. v. Behrend, No. 11-864, the Court granted certiorari on “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert… Continue Reading

Amount in Controversy Under CAFA: Burden of Proof, Disclaimer in Complaint and Punitive Damages Addressed By Tenth Circuit

Posted in Class Action Fairness Act

Motions to remand under the Class Action Fairness Act (CAFA) in insurance class actions often focus on whether the amount in controversy exceeds $5 million.  This is because the “local controversy” and “home state” exceptions to CAFA jurisdiction are inapplicable if the defendant is not a citizen of the state where suit is filed.  Thus,… Continue Reading

House Judiciary Committee Hearing on Class Action Fairness Act (CAFA) Amendments

Posted in Class Action Fairness Act

The Subcommittee on the Constitution of the U.S. House of Representatives Judiciary Committee recently held a hearing on potential amendments to the Class Action Fairness Act of 2005 (“CAFA”).  The hearing, held seven years after CAFA’s enactment, was intended to address the impact the statute has had on class action litigation and what improvements or… Continue Reading

Evidence Supporting Removal Under the Class Action Fairness Act (CAFA): Ninth Circuit Confirms That There Is No Requirement to Submit Evidence at the Time of Removal

Posted in Class Action Fairness Act

Some plaintiffs’ lawyers have suggested that when a defendant removes a case under the Class Action Fairness Act, it must submit evidence (such as affidavits) with the notice of removal establishing the amount in controversy and other facts pertinent to removal.  The Ninth Circuit recently issued a short, unpublished opinion explaining that there is no… Continue Reading