Removal

Reinsurance Redux - April 2013

by Braden A. Borger, Amy S. Kline, Patrick Nugent, Sean T. O'Neill, Brian Simons, Matthew Smith | Saul Ewing LLP on 4/24/2013

In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure

by Bradley A. Monk | Sedgwick LLP on 4/12/2013

Sometimes life is best explained by a Will Ferrell character. As an example, the eloquent Ricky Bobby says it best: “I wanna go fast!” Effective March 1, 2013, the Texas Supreme Court introduced changes to the Texas Rules of...more

Upholding CAFA’S Intended Purpose

by Christopher Norton | Sedgwick LLP on 4/12/2013

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions,...more

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

by Benjamin Blume, Gary Klinger | Cozen O'Connor on 4/11/2013

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more

Supreme Court Rules That Policyholder Cannot Evade Federal Jurisdiction Under Class Action Fairness Act by Stipulating to Damages...

by David Attisani, Mark Cahill, Rob Kole, John Nadas, Hugh Scott | Choate Hall & Stewart LLP on 3/22/2013

What you need to know: The Supreme Court ruled that plaintiffs cannot evade federal court jurisdiction by stipulating that class-wide damages are less than the Class Action Fairness Act’s $5 million jurisdictional...more

CAFA Unchained - Court Bolsters CAFA's Coverage in Standard Fire Insurance v. Knowles

by Dustin Dow, John Lewis | BakerHostetler on 3/20/2013

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous Court held that named plaintiffs in class actions may not defeat federal removal...more

U.S. Supreme Court Issues Standard Fire Insurance Opinion: Stipulations Limiting Damages No Longer Insure Against Removal

by Rebekah Kaufman, Purvi Patel, Debra Urteaga | Morrison & Foerster LLP on 3/20/2013

The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the...more

The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws

by Richard Black, Steven E. Kaplan, Joshua Waxman | Littler on 3/8/2013

The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the...more

Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument in Knowles v. Standard Fire Insurance...

by David Christensen, Brian Forbes, Matthew Lowe, Ryan Tosi | K&L Gates LLP on 2/7/2013

Whether a putative class representative can block removal of his case to federal court by stipulating that class damages will not exceed the jurisdictional minimum under the Class Action Fairness Act (“CAFA”) will be...more

The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and...

by Linda Jackson | Littler on 2/4/2013

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert...more

Mortgage Banking Update - January 25, 2013

by Richard J. Andreano, Jr., Barbara S. Mishkin, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/25/2013

In This Issues: - CFPB Generates Flurry of New Mortgage Banking Industry Rules - CFPB Issues Final ECOA Appraisal Rule - 20 State Agencies Adopt Uniform State MLO Testing - Mortgage Foreclosure Is Debt...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

by Orrick - Structured Finance Group on 1/23/2013

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

State AG Lawsuit Not Removable under CAFA, Second Circuit Holds

by Alan S. Kaplinsky, Burt M. Rublin, Christopher J. Willis | Ballard Spahr LLP on 1/16/2013

The U.S. Court of Appeals for the Second Circuit has ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “class action” under the Class Action Fairness Act....more

Text Versus Intent - Justices Consider CAFA's Reach

by Dustin Dow, John Lewis | BakerHostetler on 1/10/2013

A familiar debate involving alternative methods of statutory interpretation erupted again at the Supreme Court on Monday, January 7, 2013....more

Does New York Law Contain a Heeding Presumption? It Depends Who You Ask

by Carl J. Schaerf, John R. Timmer | Schnader Harrison Segal & Lewis LLP on 12/28/2012

Few theories of liability are as elusive and difficult to defend against as “failure to warn.” Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words...more

Product Liability Advisory - December 2012: Indirect Warnings May Be Sufficient as a Matter of Law

by Bradley A. Monk | Sedgwick LLP on 12/24/2012

Because of the numerous advantages of litigating personal injury cases in federal court, many out-of-state defendants seek to remove their cases from state court to federal court. To remove, the moving party must show that...more

Fifth Circuit Allows Defendants To Remove Mississippi Attorney General Lawsuit to Federal Court

by Steven D. Burt, Alan S. Kaplinsky, Burt M. Rublin | Ballard Spahr LLP on 11/30/2012

In a decision that squarely conflicts with three other circuit courts, the Fifth Circuit Court of Appeals has ruled that a price-fixing case initiated by the State of Mississippi against various LCD display makers must be...more

Federal Court Holds That SLUSA Allows Removal of 1933 Class Action to Federal Court

by Michael D. Redondo | Holland & Knight LLP on 10/22/2012

On August 23, 2012, the District Court for the Northern District of California issued an opinion that analyzed whether class action lawsuits brought under the Securities Act of 1933 (the "1933 Act") were removable to federal...more

Chasing the Dream: Sorting Fact and Myth Is Biggest Obstacle to Immigration Reform

by Cox Smith on 5/25/2012

Originally published in ABA JOURNAL - May 2012. Consensus doesn't seem to have a place in policy discussions about the state of the U.S. immigration system. But there is, at least, widespread agreement that the system...more

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