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
Ninth Circuit
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. …
The Local Action Doctrine: Potentially Relevant to Property Insurance Cases?
By Wystan Ackerman on
Posted in Property Insurance
Have you ever heard of the local action doctrine? The distinction between local and transitory actions? If you’re a lawyer, you might have heard something about this in law school. But perhaps not since then. The Supreme Court has not addressed it since 1912. But the Ninth Circuit held last week that the local action …
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 …
Full Offer of Judgment That is Not Accepted Does Not Moot An Individual Claim, According To the Ninth Circuit
By Wystan Ackerman on
Posted in Defense Strategy
A recent Ninth Circuit decision addresses a question left open by the Supreme Court’s decision this year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013): Does an offer of full relief to the plaintiff under Fed. R. Civ. P. 68, which is not accepted by the plaintiff, render a case moot? …
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. …
Attorneys’ Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit
By Wystan Ackerman on
Under the coupon settlement provision of the Class Action Fairness Act (CAFA), do attorneys’ fees always have to be based on the value of the coupons redeemed, or can they be based on a lodestar calculation? The Ninth Circuit recently addressed this question and held, in a 2-1 decision, that any award of fees “attributable…
Incentive Awards For Class Representatives Addressed By The Ninth Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Last week the Ninth Circuit issued a decision reversing the district court’s approval of a class action settlement, based on a provision in the agreement that, as interpreted by the court, required the class representatives to support the proposed settlement in order to qualify for receiving an incentive award. The court concluded that this presented…
Class Action Settlements Involving Cy Pres Awards: Ninth Circuit Modifies Dennis v. Kellogg Company Opinion
By Wystan Ackerman on
Posted in Class Action Settlements
In my July 19, 2012 blog post, I wrote about the Ninth Circuit’s decision in Dennis v. Kellogg Company, 687 F.3d 1149 (9th Cir. 2012). Last week, however, the Ninth Circuit withdrew its previous opinion and substituted a new opinion – Dennis v. Kellogg Company, Nos. 11-55674 and 11-55706, 2012 U.S. App.
Evidence Supporting Removal Under the Class Action Fairness Act (CAFA): Ninth Circuit Confirms That There Is No Requirement to Submit Evidence at the Time of Removal
By Wystan Ackerman on
Posted in Class Action Fairness Act
Some plaintiffs’ lawyers have suggested that when a defendant removes a case under the Class Action Fairness Act, it must submit evidence (such as affidavits) with the notice of removal establishing the amount in controversy and other facts pertinent to removal. The Ninth Circuit recently issued a short, unpublished opinion explaining that there is no…