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 of the Class Action Fairness Act (CAFA). But that’s not always the case—especially when the plaintiff also seeks punitive damages or attorneys’ fees. Federal courts have confirmed that those amounts should be included when determining whether the amount in controversy is at least $5 million,…
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