Primary Defendants Tied to Liability for Damages in Class Actions Seeking Monetary Relief
Posted on Jun 29, 2017 in Class Actions, Jurisdiction | Comments Off on Primary Defendants Tied to Liability for Damages in Class Actions Seeking Monetary Relief
In an opinion published June 14, 2017, Hunter v. City of Montgomery, 2017 WL 2634162, the Eleventh Circuit affirmed the lower court’s remand order under the home state exception to the Class Action Fairness Act (“CAFA”). The central issue was the classification of a party as one of the “primary defendants” within the meaning of CAFA. The case centered on a red-light camera program...
Dual Citizenship Does Not Create CAFA Jurisdiction
Posted on Apr 3, 2017 in Civil Procedure, Jurisdiction | Comments Off on Dual Citizenship Does Not Create CAFA Jurisdiction
Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff class members are citizens of a single...
CAFA’s Local-Controversy Provision Can’t Trump Federal-Question Jurisdiction
Posted on Mar 7, 2017 in Civil Procedure, Class Actions, Jurisdiction | Comments Off on CAFA’s Local-Controversy Provision Can’t Trump Federal-Question Jurisdiction
The Eleventh Circuit reinstated a federal RICO case but approved the denial of a motion to remand it to state court under the Class Action Fairness Act (CAFA) in Blevins v. Aksut, No. 16-11585, 2017 WL 782288 (11th Cir. Mar. 1, 2017). The court’s opinion confirms that CAFA’s local-controversy provision, 28 U.S.C. § 1332(d)(4), does not strip federal courts of jurisdiction over...