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Tag Archives: removal

Supreme Court May Clarify Procedures For Removal Under CAFA—If It Decides To Answer The Question Presented in Dart Cherokee Basin Operating Co. v. Owens

Posted in Motions Practice, U.S. Supreme Court

This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens.  The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the Class Action Fairness Act (CAFA) is required to submit evidence supporting federal jurisdiction along with the… Continue Reading

Class Action Fairness Act Roundup

Posted in Motions Practice

Nine years after the Class Action Fairness Act of 2005 (“CAFA”) was enacted, parties continue to fight over when federal jurisdiction over significant class and mass actions is proper. In this post, we provide a rundown of some of the most important recent cases involving CAFA.

Class Action Can’t Be Remanded To State Court Just Because The Plaintiff Says It’s Uncertifiable

Posted in Motions Practice

When was the last time you saw a plaintiffs’ lawyer seeking to represent a class argue that the class couldn’t be certified? Readers might wonder whether this is a trick question. In a sense, it is. In Hoffman v. Nutraceutical Corp. (pdf), the Third Circuit upheld the denial of a motion to remand a class action… Continue Reading

Supreme Court to Decide Whether All Evidence Supporting Removal Under the Class Action Fairness Act Must Be Submitted With The Notice of Removal

Posted in Motions Practice, U.S. Supreme Court

To remove a civil action from state court to federal court, the defendant must “file … a notice of removal … containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a). Today, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, to decide whether… Continue Reading

Plaintiffs Can’t Evade Removal Under Class Action Fairness Act By Suing For Only Declaratory Relief

Posted in Motions Practice

Over the years, the plaintiffs’ bar has used a wide variety of stratagems to try to prevent defendants from removing class actions to federal court. We’ve previously blogged about several of them. A recent Eleventh Circuit decision addresses yet another page from the plaintiffs’ playbook. Defendants often can remove significant class actions under the Class… Continue Reading

En Banc Ninth Circuit Will Clarify When a Subdivided Mass Action Can Be Removed Under CAFA

Posted in Motions Practice

Back in December, we blogged about two cases in the Ninth Circuit that were the latest skirmishes in the fight over whether plaintiffs can evade removal under the Class Action Fairness Act of 2005 (“CAFA”) by artificially subdividing their mass actions. Plaintiffs have sought to make an end-run around CAFA’s provision permitting removal of mass… Continue Reading

Supreme Court Holds that CAFA Doesn’t Let Defendants Remove State AG Actions to Federal Court

Posted in Class Action Trends, Motions Practice, U.S. Supreme Court

When state attorneys general file suits to seek monetary recoveries based on claimed injuries to private citizens, those lawsuits look like, walk like, and quack like class actions. In fact, in most of these so-called “parens patriae” cases, the same private plaintiffs’ lawyers that bring private class actions are retained to represent states in exchange… Continue Reading

Book Review: The Class Action Fairness Act: Law and Strategy

Posted in Class Action Trends

In nearly nine years on the books, the Class Action Fairness Act of 2005 (“CAFA”) has generated a host of decisions interpreting its provisions. Because the state of the law on CAFA—and class actions in general—is in constant flux, practitioners should certainly make use of online resources (like this blog) to stay up to date…. Continue Reading

Will the En Banc Ninth Circuit Clarify When a Subdivided Mass Action Can Be Removed Under CAFA?

Posted in Motions Practice

We’ve blogged before about plaintiffs’ attempts to circumvent the “mass action” provisions in the Class Action Fairness Act of 2005 (“CAFA”), which  allow defendants to remove to federal court certain cases raising “claims of 100 or more persons that are proposed to be tried jointly.” 28 U.S.C. § 1332(d)(11)(B)(i). To evade removal, creative plaintiffs’ lawyers… Continue Reading

Supreme Court Hears Argument in Class Action Fairness Act Case, Mississippi ex rel. Hood v. AU Optronics Corp.

Posted in U.S. Supreme Court

Today at the Supreme Court, all eyes, including mine, were on the oral arguments in the Town of Greece prayer case. But the second case—although it will certainly garner less attention—also is of great importance, especially to class-action practitioners. The issue in that case, Mississippi ex rel. Hood v. AU Optronics Corp., is whether so-called… Continue Reading

Can Plaintiffs Gerrymander Mass Actions to Avoid Federal Jurisdiction?

Posted in Motions Practice, Uncategorized

The Class Action Fairness Act of 2005 (“CAFA”) provides that defendants may remove certain mass actions—cases that are proposed to be tried jointly—so long as the aggregate amount at stake is at least $5 million and there are 100 or more plaintiffs in the case. 28 U.S.C. § 1332(d)(11). But what if plaintiffs’ counsel try… Continue Reading

Supreme Court To Decide Whether Parens Patriae Suits Can Be Removed Under Class Action Fairness Act

Posted in Class Action Trends, U.S. Supreme Court

We’ve blogged before about whether parens patriae lawsuits filed by state attorneys’ general to recover money on behalf of state citizens can be removed under the Class Action Fairness Act (CAFA). (CAFA authorizes defendants to remove certain “mass actions” involving “monetary relief claims of 100 or more persons” from state court to federal court. 28… Continue Reading

Fourth Circuit Nixes Requirement that All Defendants Physically Sign Notice of Removal To Federal Court

Posted in Motions Practice

The Fourth Circuit recently weighed in on a technical question involving the process for removing a case against multiple defendants to federal court—namely, whether every defendant must actually sign the notice of removal. The Fourth Circuit concluded that “[w]e can see no policy reason why removal in a multiple-defendant case cannot be accomplished by the… Continue Reading

Supreme Court Rejects Plaintiffs’ Efforts To Avoid Federal Jurisdiction By “Stipulating” To Limit Class Recoveries To Under $5 Million

Posted in U.S. Supreme Court

Earlier today, the Supreme Court issued a unanimous decision in Standard Fire Insurance Co. v. Knowles, No. 11-1450, that should make it a lot harder for plaintiffs and their counsel to avoid federal-court jurisdiction over significant class actions. The Class Action Fairness Act of 2005 authorizes the removal of class actions to federal court when,… Continue Reading

Can Plaintiffs Evade The FDCPA’s Cap on Total Statutory Damages in a Class Action by Filing Multiple, Gerrymandered Class Actions?

Posted in Class Certification, Motions Practice, Superiority

The Fair Debt Collection Practices Act (FDCPA), which regulates the conduct of debt collectors, authorizes plaintiffs suing over violations to recover statutory damages of up to $1,000. Because these amounts can rapidly add up to exorbitant numbers in a class action for very minor, technical violations, Congress capped the total amount of statutory damages that… Continue Reading

Are Quasi-Class Action Suits By State AGs Removable Under CAFA (Or, For Securities Fraud Cases, Barred By SLUSA)?

Posted in Antitrust, Class Action Trends, Securities

A number of courts recently have weighed in on a question we’ve blogged before—whether lawsuits by state attorneys general seeking restitution on behalf of private citizens are subject to removal under the Class Action Fairness Act of 2005 (pdf) (“CAFA”). These rulings have broad implications for the litigation of these quasi-class actions.  They also are of… Continue Reading

What’s Next for the Class Action Plaintiffs’ Bar? Getting Deputized by State Attorneys General

Posted in Class Action Trends

Some academics and commentators have been reading the tea leaves in Wal-Mart Stores, Inc. v. Dukes (pdf) and AT&T Mobility LLC v. Concepcion (pdf) as spelling doom for consumer and employment class actions. That’s overwrought; Dukes rejected an extremely adventuresome application of the class action rules by the Ninth Circuit, and Concepcion merely reminded courts… Continue Reading

CAFA Showdown in the Supreme Court: Today’s Oral Argument In Standard Fire Insurance Co. v. Knowles

Posted in U.S. Supreme Court

This morning I attended the oral argument before the Supreme Court in Standard Fire Insurance Co. v. Knowles, the first major case in which the Court will address the provisions of the Class Action Fairness Act of 2005 (CAFA).   For class-action lawyers on both sides, this case has been seven years in the making.   From… Continue Reading

Do Class Counsel Owe Fiduciary Duties to Absent Class Members Before Class Certification (and Should Defendants Care)?

Posted in Adequacy, Class Action Trends, Class Certification

According to an interesting student note that will soon be published in the Stanford Law Review, the answer to both questions is “yes.” Specifically, the would-be class counsel must “protect[] the substantive legal rights of putative class members . . . from prejudice” “resulting from the actions of class counsel.” The implications for defendants opposing… Continue Reading

District Court Confirms that Class Action Fairness Act Authorizes Removal when Request for Punitive Damages Causes Amount in Controversy to Exceed $5 Million

Posted in Motions Practice

The first step in defending a class action filed in state court is to check whether it may be removed to federal court. To some, removal may seem hopeless if the plaintiff asserts only state-law claims and the amount of potential actual damages at stake appears to be well below the $5 million amount-in-controversy threshold… Continue Reading

Standard Fire Insurance Co. v. Knowles: Supreme Court To Decide Whether Plaintiffs May Evade Federal Jurisdiction Under CAFA By Stipulating That They Seek Less Than $5 Million In Damages

Posted in Motions Practice, U.S. Supreme Court

The first question my colleagues and I ask when a client has been sued in a class action in state court is whether the case can be removed to federal court. Often, the only ticket out of state court is the Class Action Fairness Act of 2005 (“CAFA”), which authorizes removal of certain mass and… Continue Reading