Litigation

Recent Posts

U.S. High Court: State’s Lawsuit On Behalf Of Citizens Is Not Mass Action
Posted on 14 Jan 2014 by Bajeerah LaCava

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

Norton Rose Fulbright: 9th Circuit Eases Limits On Removals To Federal Court
Posted on 27 Aug 2013 by Norton Rose Fulbright

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

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States
Posted on 16 Jan 2014 by Williams Mullen

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

7th Circuit Says Motion To Consolidate Depakote Suits Triggers CAFA Jurisdiction
Posted on 17 Oct 2012 by Tom Moylan

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

U.S. Supreme Court Hears Oral Arguments On Setting Damage Limitations
Posted on 7 Jan 2013 by Bajeerah LaCava

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

U.S. High Court: Class Rep's Damages Limit Doesn't Defeat Federal Jurisdiction
Posted on 19 Mar 2013 by Bajeerah LaCava

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

U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal
Posted on 7 Oct 2014 by Bajeerah LaCava

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

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal
Posted on 15 Dec 2014 by Bajeerah LaCava

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

Ballard Spahr LLP: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions
Posted on 11 Apr 2014 by Ballard Spahr LLP

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

U.S. Supreme Court To Rule On State's Case Qualifying As Mass Action
Posted on 28 May 2013 by LexisNexis Communities Staff

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