Exploring The Securities Exceptions To CAFA Jurisdiction

Greenwich Fin. Servs. Distressed Mortgage Fund 3 LLC v. Countrywide Fin. Corp. (603 F.3d 23, 2010 U.S. App. LEXIS 8088 [2d Cir. Apr. 20, 2010]) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] involved an important statutory exception...

M&A-Related Lawsuit Filings Now Outnumber Federal Securities Class Action Filings

In a prior post ( here ), I examined the mounting problems associated with the increasing levels of M&A-related litigation. A recent academic paper takes a closer look at these issues and concluded, among other things, that M&A-related lawsuit filings now outnumber federal securities class action...

Littler Mendelson on Employment Law Class Actions, Second Edition, Just Released

Written by the attorneys of Littler's Class Action Practice Group, Employment Law Class Actions provides a comprehensive review of the strategic, procedural and legal issues that arise in such matters. The Second Edition includes an extensive expansion and reorganization of the publication and features...

Ballard Spahr LLP: Supreme Court To Decide Class Action Fairness Act Case - Can Plaintiff Limit Class Damages To Avoid Removal?

By the Consumer Financial Services Group On August 31, 2012, the U.S. Supreme Court granted a petition for certiorari in Standard Fire Insurance Co. v. Knowles (11-1450). The question presented by the petition is whether a named plaintiff in a state court class action can avoid removal to federal...

7th Circuit Says Motion To Consolidate Depakote Suits Triggers CAFA Jurisdiction

CHICAGO - Resolving a split between two district courts, the Seventh Circuit U.S. Court of Appeals on Oct. 16 ruled that plaintiffs' motions to consolidate 10 Illinois state court cases involving Abbott Laboratories' anti-seizure drug Depakote were sufficient to create a mass action that makes...

U.S. Supreme Court Hears Oral Arguments On Setting Damage Limitations

WASHINGTON, D.C.- (Mealey's) Courts must calculate the amount in controversy in class suits rather than focus on the amount being sought by a class representative in deciding in which jurisdiction a class complaint belongs, Theodore J. Boutrous Jr. of Gibson, Dunn & Crutcher in Los Angeles argued...

U.S. High Court: Class Rep's Damages Limit Doesn't Defeat Federal Jurisdiction

WASHINGTON, D.C. - (Mealey's) A class representative's stipulation that damages being sought were less than $5 million does not defeat federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous U.S. Supreme Court ruled March 19 ( The Standard Fire Insurance Company v. Greg Knowles...

Countrywide Financial Corp. Reaches $500 Million Settlement In 3 Mortgage-Backed Securities Class Actions

LOS ANGELES - (Mealey's) Countrywide Financial Corp. will pay $500 million to shareholders in three related securities class action lawsuits to settle claims that it misrepresented the investment quality of mortgage-backed securities (MBS) in what is being called the largest-ever MBS class action...

U.S. Supreme Court To Rule On State's Case Qualifying As Mass Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 28 granted a petition for writ of certiorari in a dispute over whether a state's parens patriae lawsuit may be removed to federal court as a "mass action" under the Class Action Fairness Act (CAFA) ( State of Mississippi, ex...

Norton Rose Fulbright: 9th Circuit Eases Limits On Removals To Federal Court

By Joshua D. Lichtman The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a defendant who “conducted its own investigation . . . and discovered that the case was removable...

U.S. High Court: State’s Lawsuit On Behalf Of Citizens Is Not Mass Action

WASHINGTON, D.C. — (Mealey's) A state’s lawsuit seeking restitution for itself and its citizens, in which it is the only named plaintiff, does not qualify as a mass action under the Class Action Fairness Act (CAFA), the U.S. Supreme Court ruled unanimously Jan. 14 ( State of Mississippi...

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States

By Charles E. “Chuck” James Jr. and Brendan D. O’Toole On January 14, 2014, in Mississippi v. AU Optronics Corp. , the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and...

Ballard Spahr LLP: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

By Burt M. Rublin and Jonathan E. Selkowitz The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the petition for a writ of certiorari...

U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal

WASHINGTON, D.C. — (Mealey’s) The plain language of 28 U.S. Code Section 1446(a) requires only “a short and plain statement of the grounds for removal,” not evidence, the attorney representing Dart Cherokee Basin Operating Co. LLC and Cherokee Basin Pipeline LLC argued Oct. 7...

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. — (Mealey's) A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 ( Dart Cherokee Basin Operating Company...