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James A. Comodeca Dinsmore & Shohl LLP

Results 1 to 5 of 12



The Fifth Circuit dismisses a case originally filed in federal court because CAFA’s home state and local controversy exceptions apply *

USA - January 12 2012
In Hollinger v. Home State Mutual Insurance Co., 654 F.3d 564 (5th Cir. 2011), the plaintiffs brought a class action in federal court based on CAFA diversity jurisdiction against several county mutual insurance companies alleging violation of the Texas Insurance Code.

Co-authors: M. Gabrielle Hils.


Following the legal certainty test, the Second Circuit vacates a district court’s dismissal of a class action complaint for failure to establish CAFA’s amount in controversy *

USA - January 12 2012
Bank v. Hydra Group LLC, 433 Fed. Appx. 50 (2nd Cir. 2011), involved an appeal from the sua sponte dismissal of a class action complaint.

Co-authors: M. Gabrielle Hils.


The Fifth Circuit holds that a “class arbitration” is not a prior “class action” for purposes of CAFA’s local controversy exception *

USA - January 12 2012
In the case of Williams v. Homeland Insurance Co. of New York, 657 F.3d 287 (5th Cir. 2011), the plaintiff filed suit on behalf of a class of Louisiana medical providers against three Louisiana defendants alleging that all of the defendants had failed to comply with the preferred provider organization notice provisions under Louisiana law.

Co-authors: M. Gabrielle Hils.


Federal circuit courts disagree on whether parens patriae actions are removable pursuant to CAFA *

USA - January 12 2012
A split has developed among the federal circuit courts regarding whether parens patriae actions are removable under CAFA.

Co-authors: M. Gabrielle Hils.


The Fifth Circuit reinstates a remanded case where the plaintiff fails to prove that CAFA’s local controversy exception applies *

USA - January 12 2012
The Fifth Circuit, in Opelousas General Hospital Authority v. FairPay Solutions, Inc., 655 F.3d 358 (5th Cir. 2011) reinstated a case that had been remanded under CAFA’s local controversy exception

Co-authors: M. Gabrielle Hils.


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