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Archives for October 2019

A Dart Across the Bow

by Joseph H. Lang, Jr. and D. Matthew Allen

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so because, “[i]n some of our early cases interpreting CAFA, we adopted legal standards that were influenced by a general ‘presumption against federal jurisdiction.’” Now, of course, the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81 ... Keep Reading »

Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit

by Gary M. Pappas and Raina T. Shipman

The Seventh Circuit remanded an Instagram user's appeal after the court found that Groupon's notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance of actually alleging the minimal diversity requirement for removal under the Class Action Fairness Act (CAFA). The plaintiff, Christine Dancel, obtained permission under Federal Rule of Civil Procedure 23(f) to appeal the lower court's denial of ... Keep Reading »

Life May Not Be Fair, But Arizona Cannot Find Out Without Standing

by Gary M. Pappas and Michael G. Zilber

The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products' defective pressure cookers. The district court had certified three state classes for trial - Ohio, Pennsylvania, and Colorado - but after the first day of trial, the parties entered into a nationwide class settlement. The settlement allowed class members to receive a ... Keep Reading »

Report on Current Class Action Issues Plaguing Life Insurers

by Brooke Patterson

As Justice Hugo Black said in 1944, “Perhaps no modern commercial enterprise directly affects so many persons in all walks of life as does the insurance business.” Even so, the evolving threat of class action lawsuits brings heightened concerns for the life insurance industry. And as shown by the prevalence of life insurance class actions over the past years, class actions against life insurers come in all shapes and sizes. In “Class Action Roundup,” Carlton Fields ... Keep Reading »

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