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The Seventh Circuit holds that dismissal of claims against the removing defendant does not deprive the court of CAFA jurisdiction

USA - January 12 2012 In Cleary v. Philip Morris Inc., 656 F.3d 511 (7th Cir. 2011), the Seventh Circuit affirmed the lower court’s denial of a motion to remand in a CAFA removal case....

M. Gabrielle Hils.


The Ninth Circuit holds that a defendant need not admit liability in order to remove a case pursuant to CAFA

USA - January 12 2012 In Grant v. Capital Management Services, L.P., 2011 U.S. App. LEXIS 18366 (9th Cir. Sept. 2, 2011), the Ninth Circuit held that a defendant does not need to admit liability in order to remove a case to federal court....

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....

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.