News & Analysis as of

Removal Class Action Fairness Act Wage and Hour

BakerHostetler

Ninth Circuit Again Complicates CAFA Removal Standards

BakerHostetler on

Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was one permitting removal of more class action claims to federal court. ...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

A Dart Across the Bow

Carlton Fields on

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

Carlton Fields

Court Holds Notice of Removal Filed 128 Days After Service of Complaint Was Timely Under CAFA

Carlton Fields on

The U.S. District Court for the District of New Jersey denied plaintiffs’ motion to remand, holding that defendants’ notice of removal, filed 128 days after service of the complaint, was timely because neither the complaint...more

Proskauer - California Employment Law

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

Carlton Fields

Ninth Circuit Holds That State Court’s Class Certification Order Creates New Occasion for CAFA Removal

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The Ninth Circuit held that a state court’s certification order, under which CAFA’s amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative...more

Sheppard Mullin Richter & Hampton LLP

Removing All Doubt: The First Circuit Clarifies the Conditions Triggering the 30-Day Removal Window When the Earlier, Initial...

In Romulus v. CVS Pharmacy, Inc., No. 14-1937, 2014 U.S. App. LEXIS 20548 (1st Cir. Oct. 24, 2014), the First Circuit Court of Appeals clarified the conditions triggering a defendant’s 30-day window to remove a case to...more

Carlton Fields

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

Carlton Fields on

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient...more

Sheppard Mullin Richter & Hampton LLP

When 30 Days Just Isn’t Enough: The Ninth Circuit Rules that Defendants’ Right to Remove May Not be Limited to 30 Days

In Rea v. Michaels Stores, No. 14-55008, 2014 U.S. App. LEXIS 2928 (9th Cir. Feb. 18, 2014), the Ninth Circuit reversed the district court’s order remanding a wage-and-hour class complaint to state court, ruling that the...more

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