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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...

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...

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...