Removal Class Action

News & Analysis as of

Spokeo Argument After Removal to Federal Court Creates Double-Edged Sword for Defendants

After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more

A Fraud By Any Other Name: Seventh Circuit Holds That SLUSA Extends to Class Actions That Could Be Pursued Under Federal...

A divided panel of the Seventh Circuit recently held that the Securities Litigation Uniform Standards Act (“SLUSA”) requires any covered class action that “could have been pursued under federal securities law” to be brought...more

A Look at Potential Supreme Court Nominees’ Class Action Decisions

Tonight, President Donald Trump is expected to nominate one of three federal appellate judges to the Supreme Court: Judge William Pryor of the Eleventh Circuit, Judge Neil Gorsuch of the Tenth Circuit or Judge Thomas Hardiman...more

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Eleventh Circuit Holds that District Courts Retain Original Jurisdiction Over State Law CAFA Claims Even After Class Claims Are...

In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a class action filed pursuant...more

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Patronage Capital Case Successfully Removed to Federal Court

In December 2015, two plaintiffs filed a class action complaint against Pennsylvania’s REA Energy Cooperative, Inc. The complaint, which was filed on behalf of current and former cooperative members, asserted that REA must...more

U.S. Court in Louisiana Remands Advance Stores Co. Data Breach Class Action to State Court

In a case with a familiar fact pattern, the United States District Court for the Eastern District of Louisiana refused to find that permitting Plaintiff to proceed in Louisiana state court was “futile” on Article III standing...more

Dart Cherokee: Shifting The Burden To Plaintiff in Federal Diversity Cases

Under Dart, a Plaintiff contesting that the jurisdictional threshold has not been met must now come forward with evidence that establishes the jurisdictional amount in controversy is not present. We’ve all seen this...more

The Amount-in-Controversy Requirement Presents an “Obstacle” to CAFA Removal

In Pazol v. Tough Mudder Inc., No. 15-1640, — F.3d —-, 2016 WL 1638045 (1st Cir. Apr. 26, 2016), the First Circuit analyzed the “reasonable probability” standard that a defendant must satisfy to support CAFA’s $5 million...more

Pazol v. Tough Mudder, Inc.: Muddying the waters on proof of jurisdictional facts under CAFA?

The Class Action Fairness Act of 2005 (CAFA) was intended to make it easier for defendants to remove class action lawsuits from state court to federal court. For example, CAFA introduced the concept of minimal as opposed to...more

Sixth Circuit Adopts Bright Line Test for CAFA Removals

Eyeglass case provides focus for employment class action removals - Congress enacted the Class Action Fairness Act, better known as “CAFA,” to address some of the well-documented abuses of class action litigation. Among...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

September 2015: Appellate Update

Postscript to the U.S. Supreme Court’s October 2014 Term. The Supreme Court of the United States completed its October 2014 term in June, having decided a number of matters of wide public interest. Among the most notable was...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

When Plaintiffs Fail to Plead the “Local Controversy” Exception to CAFA

A narrow exception to CAFA’s broad removal provisions is the “local controversy” exception, which prohibits removal in certain cases where the dispute is deemed sufficiently contained within the forum state that the interests...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

10 Years After CAFA, the Fairness of Class Actions is Revisited by Newly Proposed Legislation

Class action lawsuits have become a commonplace fixture in the American judicial landscape and carry the force to extract billions of dollars from defendants, many of whom settle once a class is certified due to the costs and...more

Expansion of Class Allows Second Removal Under Class Action Fairness Act, According to Ninth Circuit

It is important to remember that when a putative class action is remanded to state court under the Class Action Fairness Act (“CAFA”), that may not be the end of the jurisdictional battle. ...more

Creative Construction: The Ninth Circuit Relaxes Removal Statute’s Timeliness Test in Class Action Fairness Act Cases

In Jordan v. Nationstar Mortgage LLC, No. 14-35943 and 15-35113, 2015 WL 1447217 (Apr. 1, 2015 9th Cir.), a Ninth Circuit panel held that cases subject to the Class Action Fairness Act (“CAFA”) become “removable” only when...more

Ninth Circuit Holds Defendant Can Remove Within 30-Days After CAFA Grounds Are Ascertained, Even Where Complaint Provided Basis...

A Ninth Circuit panel has held that a defendant may remove a case to federal court within 30 days after the CAFA ground for removal can first be ascertained, even where plaintiff’s complaint, filed years earlier, provided a...more

Class Certification Provides a Second Bite at the Proverbial Apple for Removing Case to Federal Court

In Reyes v. Dollar Tree Stores, Inc. (Filed April 1, 2015, No. 15-55176) the United States Court of Appeals, Ninth Circuit, held the certification of a class triggers a new opportunity for a defendant to remove the matter to...more

To Remove or Not To Remove?

When the Class Action Fairness Act was passed ten years ago, many businesses breathed a collective sigh of relief. No longer would the plaintiffs' bar be able to keep their cases in certain magnet jurisdictions (a/k/a...more

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

2014 SCOTUS Term: Important Developments in the Class-Action Arena

In This Issue: - Those Who Provide Investment Advice on Unsecured Securities Are Subject to Class Actions - A “Mass Action” Under the Class Action Fairness Act Requires at Least 100 Individual...more

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