Removal, Jurisdiction | JD Supra Law News

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

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

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

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

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

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

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Removal › Jurisdiction