Class Action Fairness Act

News & Analysis as of

Insurance Balance Billing Class Fails Rule 23’s Requirements

Plaintiff filed a putative class action in Arkansas state court against his automobile insurer for alleged failure to pay the full amount it was contractually required to pay for his medical bills following a car accident. ...more

"2014-15 Supreme Court Highlights"

Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more

CAFA Removal Jurisdiction: Using a Plaintiff’s Complaint Against It

Most cases involving the existence of removal jurisdiction under CAFA involve the $5 million amount in controversy. In a recent Third Circuit opinion, determining whether or not the putative class had the requisite 100...more

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met...

Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more

Supreme Court Clarifies Class Action Removal Pleading Standard

The US Supreme Court recently held that under the Class Action Fairness Act (CAFA), a defendant need not provide proof of the amount in controversy in its notice of removal to federal court. Only a plausible allegation is...more

Eleventh Circuit Affirms CAFA-Based Remand Order

Just two weeks after the Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. Owens, the Eleventh Circuit affirmed a CAFA-based remand order where the defendant failed to establish by a preponderance of the...more

Making a Record in Support of CAFA Removal to Federal Court

The Eleventh Circuit’s decision in Dudley v. Eli Lilly and Co., 2014 WL 7360016 (11th Cir. Dec. 29, 2014), highlights the risk of waiving (or, at a minimum, postponing) an otherwise proper removal by not creating a proper...more

Finding the Earliest and Least Expensive Exit From Financial Services Class Actions

Effectively responding to class litigation doesn’t necessarily mean simply preparing an answer or perfunctory motion to dismiss, diving headlong into class discovery, investing in full-fledged combat on the merits of the...more

Third Circuit Weighs In On Burden of Proof and Evidentiary Standards Applicable to Cases Removed Under CAFA

Days before the Supreme Court’s decision addressing the requirements for CAFA notices of removal in Dart Cherokee Basin Operating Co., LLC v. Owens, the Third Circuit addressed the evidentiary requirements for surviving a...more

The Ten Most Significant Class Action Cases of 2014

Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And then people take them kind of seriously....more

California District Court Finds that CAFA’s Amount-in-Controversy Requirement was Satisfied; Denies Motion to Remand

The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...more

Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The...more

Who Needs Proof? Not The Notice of Removal.

In a previous blog, we explained that the Supreme Court was considering whether a defendant merely has to allege jurisdictional facts or provide evidence regarding the amount in controversy when removing a case....more

Supreme Court Clarifies the Standard Governing Removal of Class Action Cases to Federal Court

The US Supreme Court ruled last Monday that class action defendants need not provide evidentiary submissions in support of their attempts to remove a case from state to federal court. Rather, they need only include in their...more

Removing a Barrier: The Supreme Court Holds That, Under CAFA, Notices of Removal Need Not Include Evidence Supporting the Amount...

On December 15, 2014, the United States Supreme Court held in Dart Cherokee Basin Operating Co., LLC v. Owens that a class action defendant need only allege the requisite amount of controversy “plausibly” in the notice of...more

No Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy

On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act...more

Supreme Court: Evidence of Amount in Controversy Not Required at Removal

Earlier this week, the United States Supreme Court held that a defendant removing a putative class action from state to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA) need not submit evidence to...more

Supreme Court Confirms That A Notice Of Removal Requires Only A “Plausible Allegation” That The Amount In Controversy Has Been Met

The Supreme Court has held that a notice of removal requires only a “plausible allegation that the amount in controversy exceeds the jurisdictional threshold,” and confirmed that a notice of removal need not include evidence...more

Supreme Court: Companies Fighting State Class Actions Can Remove to Federal Court Without Evidence of Damages

The Class Action Fairness Act of 2005 (“CAFA”) has found its way to the steps of the U.S. Supreme Court several times in the last two years, as plaintiffs and defendants seek to define the parameters of the federal law...more

The United States Supreme Court Holds That a Defendant’s Notice of Removal Need Only Include a “Plausible Allegation” That the...

On December 15, 2014, the US Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC, et al. v. Owens.1 Writing for the 5 – 4 majority, Justice Ginsberg held that a defendant’s notice of removal pursuant to...more

Supreme Court Clarifies Class Action Fairness Act’s Removal Requirement: 'Liberal Rules' Do Not Require Evidence of Amount in...

Class action defendants need not include evidence regarding the amount in controversy when removing a case to federal court under the Class Action Fairness Act (“CAFA”), thanks to the United States Supreme Court’s decision in...more

U.S. Supreme Court Clarifies Requirements for Removing Class Actions to Federal Court

Today the U.S. Supreme Court issued its decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, a case involving the procedural requirements for removing a class action from state to federal court under the Class...more

U.S. Supreme Court Eases CAFA Removals

Congress passed the Class Action Fairness Act (CAFA) in 2005, in response to perceived (in fact real) concerns regarding potential abuses of the class action process. Among CAFA’s important provisions was the right to remove...more

Supreme Court Opinion in Dart Cherokee Basin v. Owens

On Monday, the U.S. Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719. Unsurprisingly, the Court held that a notice of removal under the Class Action Fairness Act does not need to...more

Supreme Court Decides Dart Cherokee Basin Operating Co., LLC v. Owens

On December 15, 2014, the Supreme Court of the United States decided Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, holding that a notice of removal to federal court under 28 U.S.C. § 1446(a) and the Class...more

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