Class Action Fairness Act

I recently published an article in the ABA Corporate Counsel newsletter, entitled “Strategies for Removal Under the Class Action Fairness Act.”  It is intended to serve as a quick guide to removal under the Class Action Fairness Act and addresses the key recent decisions, although it does not attempt to cover the entire

Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket).  The question presented is:

Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short

Two recent federal court of appeals decisions on the Class Action Fairness Act (CAFA) address the measurement of the amount in controversy on a declaratory judgment claim, and a “late” removal based on the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles.  Both decisions are favorable to defendants.  The Eleventh Circuit’s opinion

Today, the U.S. Supreme Court issued its second decision construing the Class Action Fairness Act of 2005 (“CAFA”) in Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (slip opinion).  In a unanimous opinion authored by Justice Sotomayor (for whom I was a law student intern years ago when she was

One of the exceptions to federal jurisdiction under the Class Action Fairness Act (“CAFA”) is known as the “local controversy exception.”  It requires a federal district court to decline to exercise jurisdiction where more than two-thirds of the proposed class members are citizens of the state where suit was filed, the principal injuries occurred in

The Seventh Circuit recently held that a declaratory judgment action involving liability insurance coverage for an underlying class action, in which the insured’s rights under the policy had been assigned to a certified class, was removable to federal court under the Class Action Fairness Act (CAFA).  This is a significant decision for insurers faced with

A recent dissent from a denial of rehearing en banc in the Tenth Circuit suggests that a defendant may need to include evidence with its notice of removal under the Class Action Fairness Act (CAFA).  This could heighten the burden on defendants under CAFA, where they are already required to do extensive work in a