On June 5, 2014, the Eleventh Circuit decided in favor of Fifth Third Bank on its appeal of a district court order remanding a putative class action to Florida state court. The basis for the remand order had been the district court’s determination that certain of the claims asserted in the removed complaint were legally insufficient and thus the damages claimed thereunder did not satisfy the $5,000,000 amount-in-controversy requirement imposed under the Class Action ... Keep Reading »
Federal Circuit Courts of Appeal Class Action Articles
The latest class action developments and trends in Federal Circuit Courts of Appeal, including news, key cases, and strategies.
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality evidence. The plaintiffs’ complaint alleged that the defendant’s criteria for promoting police officers to investigative positions created a disparate impact on those candidates over the age of 40, which violated California’s Fair Employment and ... Keep Reading »
In what may become a more common trend in CAFA litigation based on the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles, ––– U.S. –––, 133 S.Ct. 1345 (2013), the Seventh Circuit reversed the district court’s order remanding the case back to state court. The district court had determined that the defendant failed to show that the amount in controversy in the litigation exceeded $5 million, as required by the Class Action Fairness Act. The district court’s ... Keep Reading »
Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully removed to federal court based on CAFA jurisdiction, and challenged the assignability of the homeowners’ contractual rights. Finding that Louisiana law required a policy by policy examination of each anti-assignment clause, the district court ... Keep Reading »
The Ninth Circuit Court of Appeals held that neither a damages waiver nor the passage of more than 30 days after receipt of a complaint prevented an employer’s removal under CAFA. A putative class of California store managers suing for lost overtime successfully prevented the defendant-employer’s first attempt at removal by expressly disclaiming any right to recover damages over $4,999,999.99, thereby ensuring that CAFA’s $5 million amount in controversy requirement ... Keep Reading »
On February 14, 2014, the Eleventh Circuit Court of Appeals held that the Class Action Fairness Act’s (CAFA) $5,000,000 amount-in-controversy requirement can be satisfied where the plaintiff seeks only declaratory relief. S. Fla. Wellness, Inc. v. Allstate Ins. Co., No. 14-10001, --- F.3d ---, 2014 WL 576111 (11th Cir. Feb. 14, 2014). A dispute arose when South Florida Wellness, a Florida-based healthcare provider, sought payment from Allstate for its treatment of an ... Keep Reading »