Readers will recognize that the Class Action Fairness Act (“CAFA”) provides a mechanism for removing to federal court various class actions,
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CAFA
En Banc Appeals Court Interprets CAFA Mass Action Requirement
By Sean Wajert on
The Ninth Circuit has weighed in on an interesting CAFA issue, holding that personal injury claims relating to prescription pain relief drugs belong i…
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Lack of Confidence Not An Answer to CAFA Removal
By Sean Wajert on
Posted in Articles, Class Action
Readers are used to litigants using favorable law to their benefit; this case involves a plaintiff trying to use unfavorable law to his benefit. The c…
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CAFA Removal Appeal to Watch
By Sean Wajert on
Posted in Articles, Class Action
Here’s one to watch. The Supreme Court agreed earlier this week to consider whether defendants seeking removal of a proposed class suit to federal cou…
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Remand Not Warranted in CAFA Case
By Sean Wajert on
Posted in Articles, Class Action
Often defendants in proposed class actions think of an individual’s playing a dual role as lead plaintiff and class counsel as a useful fact to defeat…
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Ninth Circuit to Rehear CAFA Mass Action Removal
By Sean Wajert on
Posted in Articles, Class Action
The Ninth Circuit en banc has agreed to rehear a panel’s split decision on mass action removal under the Class Action Fairness Act that created a circ…
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Supreme Court Hears Argument in CAFA Case
By Sean Wajert on
Posted in Articles, Class Action
The U.S. Supreme Court heard argument in a case raising the issue whether a parens patriae group action by a state attorney general — a class-like li…
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Denial of Class Certification Does Not Deprive Federal Court of CAFA Jurisdiction
By Sean Wajert on
Posted in Articles, Class Action
Quick CAFA point for our readers. Another federal court has ruled that the denial of a motion for class certification does not divest a federal distri…
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Second Circuit Explains Home State Exception in CAFA
By Sean Wajert on
Posted in Articles, Class Action
The Second Circuit recently weighed in on CAFA, and its home state exception. See Gold v. N.Y. Life Ins. Co., No. 12-2344-cv (2d Cir., 9/18/13). Not o…
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Supreme Court Takes CAFA Parens Patriae Issue
By Sean Wajert on
Posted in Articles, Class Action
The U.S. Supreme Court granted cert last week to address whether a state attorney general’s parens patriae antitrust action is removable as a mass act…
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