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Home State Exception Putative Class Actions

Robinson+Cole Class Actions Insider

Some Class Action Fairness Act Remand Decisions Are Appealable as of Right

Federal district court orders remanding cases to state court are generally not appealable, as provided by 28 U.S.C. § 1447(d). One exception to this is that the Class Action Fairness Act (CAFA) allows a court of appeals, in...more

Butler Snow LLP

Understanding the Home State Exception to CAFA’s Diversity Jurisdiction

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The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such...more

Proskauer - California Employment Law

Class Action Was Improperly Removed To Federal Court Under CAFA

Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) - Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more

Carlton Fields

CAFA: Ninth Circuit Affirms District Court’s Sua Sponte Invocation and Application of Discretionary Home State Exception

Carlton Fields on

On May 13, 2020, the Ninth Circuit Court of Appeals affirmed the remand of a wage and hour class action lawsuit filed in California state court based on the home state exception to the Class Action Fairness Act (CAFA). In its...more

Carlton Fields

Court Denies Motion to Remand, Rejecting Application of Home State and Local Controversy Exceptions to CAFA

Carlton Fields on

The plaintiff filed a putative class action in Pennsylvania state court against two Pennsylvania defendants and one Virginia defendant, claiming that the defendants preyed on non-English speakers, illegally coercing them to...more

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