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The Sixth Circuit holds that denial of class certification does not eliminate CAFA jurisdiction

USA - January 12 2012 In Metz v. Unizan Bank, 649 F.3d 492 (6th Cir. 2011) the plaintiffs sued several banks to recover money lost in a Ponzi scheme....

M. Gabrielle Hils.


The Seventh Circuit reiterates that subsequent procedural events do not alter the removability of the case which instead is based on circumstances as of the date the suit is filed

USA - January 12 2012 In Morrison v. YTB International Inc., 649 F.3d 533 (7th Cir. 2011), the plaintiffs filed a nationwide class action in federal court on behalf of all those who had participated in the defendant’s home-travel-agency program....

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....

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....

M. Gabrielle Hils.


The Seventh Circuit reinstates two remanded cases, explaining the “legally impossible” standard as it relates to calculating the amount in controversy under CAFA

USA - January 12 2012 In ABM Security Services, Inc. v. Davis, 646 F.3d 475 (7th Cir. 2011), the defendant appealed the remand of a putative class action filed by employees for alleged violations of the Illinois Minimum Wage Law....

M. Gabrielle Hils.