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... Read More

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... Read More

RENO, Nev. — (Mealey’s) A jury in the Washoe County, Nevada, Second Judicial District Court on Feb. 13 awarded $4.5 million in compensatory damages for a commercial general liability insurer’s breach of its duty of good faith and fair... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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.... Read More

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... Read More

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... Read More

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... Read More

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... Read More