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Amount in Controversy Damages

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Butler Weihmuller Katz Craig LLP

To Remand or Not to Remand, That Is the Question

​​​​​​​Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more

Payne & Fears

Key California Employment Law Cases: April 2018

Payne & Fears on

This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Proskauer - Minding Your Business

Coupon Settlements: Discount or Discontent?

Congress passed the Class Action Fairness Act of 2005 (“CAFA”) with the hope of preventing abuse in class action lawsuits. CAFA assigns jurisdiction to federal courts over class actions where: (i) the aggregate amount in...more

Dickinson Wright

Michigan Supreme Court Clarifies That District Court Jurisdiction is Determined by Looking at the “Amount in Controversy” at the...

Dickinson Wright on

Michigan district courts have exclusive subject-matter jurisdiction over civil actions when the “amount in controversy” does not exceed $25,000. So what happens if a plaintiff files a lawsuit in district court seeking damages...more

Orrick - Employment Law and Litigation

CAFA? Don’t mind if I do: Ninth Circuit Overturns Lowdermilk’s Legal Certainty Standard to Remove Class Actions Under CAFA

In a boon to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”), the Ninth Circuit has overturned a rule requiring defendants to show to a “legal certainty” that the...more

Cozen O'Connor

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

Cozen O'Connor on

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

Pillsbury Winthrop Shaw Pittman LLP

High Court Agrees Class Rep’s Stipulation Doesn’t Bar Federal Jurisdiction

The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs’ bar and defense bar regarding whether a class representative’s stipulation that damages would not exceed $5...more

Orrick - Employment Law and Litigation

Supreme Court Eliminates Jurisdictional Escape Hatch To The Class Action Fairness Act

The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that the class will seek less...more

BakerHostetler

U.S. Supreme Court Opens the Door Wider for Defendants to Remove Class Actions to Federal Court in Standard Fire Insurance v....

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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

Morgan Lewis

CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy

Morgan Lewis on

The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold....more

K&L Gates LLP

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

K&L Gates LLP on

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rejects Class Action Plaintiff’s Effort to Avoid Federal Jurisdiction Under CAFA

In a unanimous decision issued on March 19, 2013, the U.S. Supreme Court held that the named plaintiff in a proposed class action lawsuit cannot defeat federal jurisdiction under the Class Action Fairness Act (CAFA or the...more

Perkins Coie

U.S. Supreme Court Rejects Attempt To Manipulate Federal Jurisdictional Threshold Under Class Action Fairness Act

Perkins Coie on

The U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal...more

Bracewell LLP

Supreme Court Limits Class Action Plaintiffs' Ability to Manipulate Jurisdiction

Bracewell LLP on

On March 19, 2013, the United States Supreme Court issued a unanimous opinion in Standard Fire Insurance Co. v. Knowles barring class action plaintiffs from using stipulations that limit the amount in controversy to avoid...more

Hinshaw & Culbertson LLP

Supreme Court Closes CAFA Loophole

A unanimous decision by the United States Supreme Court has restored the integrity of the Class Action Fairness Act, or CAFA. At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Limits Ability of Class Action Plaintiffs to Circumvent the Protections of the Class Action Fairness Act

The U.S. Supreme Court has considered a number of important issues affecting class action litigation over the last few terms, and it handed another victory to class action defendants yesterday. In Standard Fire Insurance...more

Nossaman LLP

Did You Know…U.S. Supreme Court Ends Plaintiff’s CAFA Jurisdictional Gamesmanship

Nossaman LLP on

The United States Supreme Court ruled unanimously in Standard Fire Ins. Co. v. Knowles that plaintiffs bringing class actions cannot avoid federal jurisdiction by representing that the class will seek less than $5 million in...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Ruling Reverses Bad 9th Circuit Precedent on CAFA

On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court Holds That Damages Stipulation Cannot Bind Class and Defeat Federal Jurisdiction

The Supreme Court unanimously held yesterday in Standard Fire Ins. Co. v. Knowles , 2013 WL 1104735, that a damages - limiting stipulation by the named plaintiff in a putative class action is not binding on absent class...more

Bradley Arant Boult Cummings LLP

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more

BakerHostetler

Supreme Court Rejects Efforts to Avoid CAFA Jurisdiction

BakerHostetler on

Editors’ Note: This post is a joint submission to this blog and rennerclassactions.com. In The Standard Fire Insurance Co.v. Knowles, No. 11-1450, a unanimous decision yesterday written by Justice Breyer, the Supreme...more

BakerHostetler

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

BakerHostetler on

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

Morrison & Foerster LLP

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

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

Ballard Spahr LLP

U.S. Supreme Court Renders Its First CAFA Decision

Ballard Spahr LLP on

In its first opinion interpreting the Class Action Fairness Act (CAFA), the U.S. Supreme Court has unanimously held that a class representative cannot prevent removal of a class action from state to federal court by...more

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