Alexander Quimby

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Ninth Circuit Narrows Already Slim Exception to Rule Barring Post-Removal Amendments to Avoid CAFA Jurisdiction

By Alexander Quimby on June 28, 2017 Posted in Class Action Fairness Act

A plaintiff will rarely be permitted to amend its class action complaint after removal to avoid federal jurisdiction under the Class Action Fairness Act (CAFA). That is the takeaway from the Ninth Circuit Court of Appeals’ decision in Broadway Grill, Inc. v. Visa Inc., 856 F.3d 1274 (9th Cir. 2017), which further narrowed the already … Continue Reading

District Court Refuses to Enjoin State From Pursuing Claims That Fell Within Terms of Prior Class Settlement Agreement and Release

By Alexander Quimby on February 10, 2016 Posted in Antitrust, Class Action Fairness Act, Class Certification

The court in In re Flonase Antitrust Litigation, No. 08-3301, 2015 WL 9273274 (E.D. Pa. Dec. 21, 2015) recently held that it could not enjoin the state of Louisiana from pursuing claims that, on their face, fell within the terms of an approved class settlement agreement and release. Even though Louisiana did not object or … Continue Reading