Justice Scalia made major contributions to class action law, writing the Supreme Court’s opinions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, two of the Court’s most significant class action decisions in this decade. Following President Trump’s nomination of Tenth Circuit Judge Neil M. Gorsuch to replace Justice Scalia, although it
Class Action Fairness Act
Expansion of Class Allows Second Removal Under Class Action Fairness Act, According to Ninth Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
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. Developments in the case, or in the applicable CAFA jurisprudence, may warrant another removal of the case to federal court, if those…
Supreme Court Opinion in Dart Cherokee Basin v. Owens
By Wystan Ackerman on
Posted in Class Action Fairness Act
Yesterday, the U.S. Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (slip opinion). Unsurprisingly, the Court held that a notice of removal under the Class Action Fairness Act does not need to attach evidence regarding the amount in controversy. Given that the removal statute …
State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit
By Wystan Ackerman on
A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought restitution that was the same relief at issue in the class action.
In People v. …
Supreme Court Oral Argument in Dart Cherokee Basin v. Owens
By Wystan Ackerman on
Posted in Class Action Fairness Act
The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719 (SCOTUSblog page) (transcript). This case involves whether a defendant must provide evidence with its notice of removal under the Class Action Fairness Act to support the amount in controversy. I wrote …
Strategies for Removal Under Class Action Fairness Act (CAFA): ABA Corporate Counsel Article
By Wystan Ackerman on
Posted in Articles, 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 …
“Late” Removal Under CAFA Permissible According to Second Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
In my July 9, 2013 blog post, I wrote about a Ninth Circuit decision allowing removals under the Class Action Fairness Act (“CAFA”) more than 30 days after service of the complaint, where the complaint and other documents received from the plaintiff did not demonstrate on their face that the case was removable.
In …
Supreme Court To Decide Whether Evidence Must Be Submitted With Notice of Removal: Dart Cherokee Basin v. Owens
By Wystan Ackerman on
Posted in Class Action Fairness Act
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 …
Amount in Controversy for Declaratory Judgment Claims and “Late” Removal Based on Standard Fire v. Knowles Addressed By New Class Action Fairness Act (CAFA) Appellate Decisions
By Wystan Ackerman on
Posted in Class Action Fairness Act
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 …
Mississippi ex. rel. Hood v. AU Optronics Corp.: Supreme Court Decides What Constitutes a “Mass Action” Under the Class Action Fairness Act
By Wystan Ackerman on
Posted in Class Action Fairness Act
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 …