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
Knowles
Burden of Proof Under Class Action Fairness Act: Ninth Circuit Interprets Standard Fire v. Knowles
By Wystan Ackerman on
Posted in Class Action Fairness Act
One of the issues that lawyers debated after the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles (blog post) was whether the Court had effectively overturned precedent in the Ninth Circuit and Third Circuit on the burden of proof that the party asserting federal jurisdiction bears in establishing the amount in…
Insights from 2013 DRI Class Action Seminar – Day 2
By Wystan Ackerman on
Posted in Seminars/Programs, Trials
Here is part two of my insights from the 2013 DRI Class Action Seminar:
Standard Fire v. Knowles (blog post): Ted Boutrous of Gibson Dunn, who argued for Standard Fire in the Supreme Court (I worked with him on the case), spoke about the Court’s decision striking down the use of a stipulation…
Insights from 2013 DRI Class Action Seminar – Day 1
By Wystan Ackerman on
Posted in Seminars/Programs, Trials
Last week I attended the Defense Research Institute (DRI) Class Action Seminar in Washington, DC. Here are some insights I gleaned from day 1 of the seminar (focusing on presentations that had some relevance to insurance class actions):
Comcast v. Behrend (see blog post): Miguel Estrada, who argued this case for Comcast…
When Can You Remove A Class Action? New Ninth Circuit Opinion Provides Guidance
By Wystan Ackerman on
Posted in Class Action Fairness Act
A recent decision by the Ninth Circuit regarding the timing of removal to federal court has gotten a fair amount of attention in the legal media. It potentially opens the door to later removals of cases more than 30 days after service of the complaint, although I don’t expect that defendants’ practices will change significantly. …
Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says “No”
By Wystan Ackerman on
Posted in Class Action Fairness Act
One of the issues raised by some legal commentators after the U.S. Supreme Court decided Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) (blog post), was whether the Supreme Court’s opinion invalidating named plaintiffs’ stipulations regarding the amount in controversy would allow cases to be removed again, or removed…