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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....

M. Gabrielle Hils.


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 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...

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.


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.