Tag Archives: Knowles

Declaratory Judgment Action Against Liability Insurer Held Removable Under Class Action Fairness Act (CAFA)

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 … Continue Reading

Burden of Proof Under Class Action Fairness Act: Ninth Circuit Interprets Standard Fire v. Knowles

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 controversy under … Continue Reading

When Can You Remove A Class Action? New Ninth Circuit Opinion Provides Guidance

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.  … Continue Reading

Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says “No”

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 after the 30-day … Continue Reading