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McGuireWoods LLP | USA | 25 Jan 2023
Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA
The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class…
Duane Morris LLP | USA | 4 Jan 2023
It Is Here — The Duane Morris Class Action Review - 2023
Class action litigation presents one of the most significant risks to corporate defendants Today. Procedural mechanisms like the one set forth in…
Maurice Wutscher LLP | USA | 4 Apr 2022
11th Cir. Reverses Remand on Incorrect CAFA ‘Local Controversy’ Ruling
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s ruling remanding the case to state court based on the federal…
Robinson & Cole LLP | USA | 4 Apr 2022
Some Class Action Fairness Act Remand Decisions Are Appealable as of Right
Federal district court orders remanding cases to state court are generally not appealable, as provided by 28 U.S.C. § 1447(d). One exception to this…
Maurice Wutscher LLP | USA | 25 Mar 2022
7th Cir. Affirms Denial of Remand in CAFA Putative Class Action, Holds ‘Local Controversy’ Exception Inapplicable
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a motion to remand to state court a putative class action removed…
Maurice Wutscher LLP | USA | 22 Mar 2022
9th Cir. Reverses Remand of CAFA Removal Due to Errors in Calculating Amount in Controversy
The U.S. Court of Appeals for the Ninth Circuit recently held that a trial court erred in its amount in controversy analysis in determining…
McGuireWoods LLP | USA | 22 Mar 2022
Eleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”
In Ruhlen v. Holiday Haven Homeowners, Inc., 11th Cir. No. 21-90022, 2022 WL 701622 (11th Cir. Mar. 9, 2022), the Eleventh Circuit denied a petition…
Robinson & Cole LLP | USA | 21 Mar 2022
Class Action Fairness Act: Punitive Damages and Local Controversy Exception Addressed in Recent Seventh Circuit Decision
A recent Seventh Circuit decision made two rulings on issues arising under the Class Action Fairness Act (CAFA) that defendants may find useful in…
Hausfeld LLP | USA | 17 Nov 2021
Ninth Circuit reminds district courts that pre-certification and coupon class action settlements must be subject to heightened scrutiny
In Mckinney-Drobnis v. Oreshack,[1] (hereinafter “McKinney”), the Ninth Circuit instructed a district court that vouchers awarded to Massage Envy…
Morrison & Foerster LLP | USA | 19 Nov 2020
This Week at The Ninth: Answers and Amounts in Controversy
This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy…
