Recently, the United States Court of Appeals for the Seventh Circuit ruled that a plaintiff seeking to remand a putative class action under the Class Action Fairness Act’s (“CAFA”) home-state exception must produce evidence allowing the court to determine the putative class members’ citizenship as of the date the case was removed to federal court.
Ninth Circuit Decision Instructs Lower Courts and Businesses on Evidence That Satisfies Class Action Fairness Act’s Amount in Controversy Requirement
The Ninth Circuit recently held that a declaration from the defendant’s comptroller stating that the defendant’s sales of the challenged product during the class period exceeded $5 million was sufficient to satisfy the amount-in-controversy requirement of the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2) (“CAFA”). Watkins v. Vital Pharmaceuticals, Inc., No. 13-55755
Eighth Circuit Rules that Class Action Fairness Act Removal Requires Only “Plausible” Evidence of Amount in Controversy
Earlier this month, the Eighth Circuit weighed in on the issue of jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332 (d)(2), in Daniel Raskas v. Johnson & Johnson et al., Marjie Levy v. Pfizer Inc. and Leslie Yoffie v. Bayer Healthcare LLC (“Raskas”). The Court held that the Defendants needed
Supreme Court Eliminates Major Obstacle To CAFA Removal
The United States Supreme Court yesterday dealt a severe blow to putative class-action plaintiffs who want to avoid removal to federal court. Under the Class Action Fairness Act, 28 U.S.C. § 1332(d), district courts have original jurisdiction over civil class actions when the aggregate amount in controversy exceeds $5 million. Many class counsel have attempted