Tag Archives: Tenth Circuit

Gorsuch on Class Actions: How Might He Compare to Scalia?

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 may … Continue Reading

Does Evidence Need To Be Attached To A Notice of Removal Under the Class Action Fairness Act (CAFA)? Perhaps, According to a Tenth Circuit Dissent

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 … Continue Reading

Amount in Controversy Under CAFA: Burden of Proof, Disclaimer in Complaint and Punitive Damages Addressed By Tenth Circuit

Motions to remand under the Class Action Fairness Act (CAFA) in insurance class actions often focus on whether the amount in controversy exceeds $5 million.  This is because the “local controversy” and “home state” exceptions to CAFA jurisdiction are inapplicable if the defendant is not a citizen of the state where suit is filed.  Thus, … Continue Reading