Tag Archives: class action fairness act

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

Photo of Alexander QuimbyBy Alexander Quimby on 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

Photo of Alexander QuimbyBy Alexander Quimby on 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

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

By Judy Selby on Posted in Class Action Fairness Act, Settlements
On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent).  As reported here in September, the court rejected a prior proposed settlement between the plaintiffs, who had accused OfficeMax of illegally recording … Continue Reading

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

By Judy Selby on Posted in Class Action Fairness Act, Settlements
Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed to with OfficeMax. Dardarian v. OfficeMax Inc., case number … Continue Reading

Make a Federal Case Out of It!

By C. Zachary Rosenberg on Posted in Class Action Fairness Act
The Ninth Circuit Eases the way into Federal Court for Class Action Defendants On August 27, 2013, the Ninth Circuit lowered the burden of proof for class action defendants to remove their cases to federal court.  Rodriguez v. AT&T Mobility Services LLC, No. 13-56149, 2013 WL 4516757.  The Class Action Fairness Act gives federal courts … Continue Reading

You’ve Got to Have Class: Assignment of Insurance Coverage Claim for TCPA Class Settlement Does Not Trigger CAFA Jurisdiction

By Judy Selby on Posted in Class Action Fairness Act
An Illinois federal district court recently remanded an insurance coverage case to state court, ruling that there was no jurisdiction under the Class Action Fairness Act (CAFA) for the simple reason that the plaintiff did not purport to represent a class. Addison Automatics Inc. v. Hartford Casualty Insurance Co., Case No. 1:13-cv-01922 (June 25, 2013).  … Continue Reading

After Standard Fire Uncertainty Continues About the Legal Certainty Standard for CAFA Removal in California District Courts

Photo of Dustin DowBy Dustin Dow on Posted in Class Action Fairness Act
Of all the recent landscape-shifting opinions the Supreme Court has issued in the class-action arena, perhaps none appear as straightforward as Standard Fire Insurance Co. v. Knowles, 133 S.Ct. 1345 (2013). Recall that in Standard Fire the Court laid down an explicit rule that a putative class-action plaintiff’s stipulation to seek damages of less than … Continue Reading

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Action Fairness Act
Yesterday, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a plaintiff cannot conclusively avoid federal removal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by including in the complaint a statement of intention not to seek more than $4,999,999.99 in damages on behalf of the putative class.  … Continue Reading

Can a Class Action Plaintiff Limit the Putative Class’s Damages to Secure a State Forum?

Photo of Justin WinquistBy Justin Winquist on Posted in Class Action Fairness Act
Can a class action plaintiff, acting on behalf of a putative class, limit the putative class members’ damages in order to secure a state forum?  Is the putative representative bound by his or her duties to absent class members to maximize the damages they can recover?  Several courts have addressed these questions, and the answer to date … Continue Reading

CAFA: Ninth Circuit Gives Deference to Plaintiff’s Jurisdictional Allegations Avoiding CAFA Removal

By Matthew J. Moody on Posted in Class Action Fairness Act
The Southern District of California’s recent decision in Montalvo v. Swift Transportation Corp., No. 11-cv-1827-L(BLM), 2011 WL 6399457 (S.D. Cal. Dec. 19, 2011) demonstrates how a class action plaintiff’s artful pleading regarding the amount in controversy can keep a case in state court.  Plaintiff Montalvo was employed as a driver for Defendant, a truckload carrier … Continue Reading
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