“Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship
Posted on Apr 12, 2022 in Class Actions | Comments Off on “Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship
An inartfully pleaded class definition coupled with a failure of proof was enough to prevent a class-action plaintiff from invoking the Class Action Fairness Act’s “local controversy” exception to avoid removal from the sheltering arms of a Florida circuit court, according to the Eleventh Circuit in Simring v. GreenSky, LLC, 2022 U.S. App. LEXIS 8002 (11th Cir. Mar. 28, 2022). The...
Derivative Jurisdiction Doctrine Does Not Apply to Personal Jurisdiction
Posted on Mar 2, 2021 in Civil Procedure | Comments Off on Derivative Jurisdiction Doctrine Does Not Apply to Personal Jurisdiction
In the category of legal doctrines that have outlived whatever usefulness that they once had falls the doctrine of “derivative jurisdiction”—that a federal district court must dismiss a removed case if the state court from which it was removed lacked subject-matter jurisdiction. The doctrine was repealed by statute for cases removed under the general removal provision, 28 U.S.C. §...
Third-Party Counterclaim Defendants’ Removal Bid Foiled
Posted on Jul 13, 2020 in Jurisdiction | Comments Off on Third-Party Counterclaim Defendants’ Removal Bid Foiled
“Perhaps some might think removal is not the most riveting topic,” begins Judge Robin Rosenbaum’s opinion for the court in Bowling v. U.S. Bank National Association, 2020 WL 3424928 (11th Cir. June 23, 2020). (Not so with our readers, most of whom relish a good removal.) The removal issue in Bowling stemmed from the Supreme Court’s decision in Home Depot U.S.A., Inc. v. Jackson, 139 S....
Foundry Employees’ Action is a “Mass Action” Subject to Removal Under the Class Action Fairness Act
Posted on Mar 20, 2020 in Class Actions, Jurisdiction | Comments Off on Foundry Employees’ Action is a “Mass Action” Subject to Removal Under the Class Action Fairness Act
The Eleventh Circuit has clarified the scope of the “local event exception” to the federal-court jurisdiction over “mass actions” conferred by the Class Action Fairness Act (“CAFA”), holding that claims by former foundry employees against manufacturers and distributors of products used at the foundry are not within the exception. Spencer v. Specialty Foundry Prods. Inc., 2020 WL...
Court Limits Review of Remand Order Based on One Defendant’s Forum Selection Clause
Posted on Jul 3, 2019 in Jurisdiction | Comments Off on Court Limits Review of Remand Order Based on One Defendant’s Forum Selection Clause
The Eleventh Circuit waded into a procedural thicket in Overlook Gardens Properties, LLC v. ORIX USA, L.P., 2019 WL 2590869 (11th Cir. June 25, 2019), ultimately concluding that it had no appellate jurisdiction to review an order remanding a removed case to state court . At issue was the effect of a forum selection clause that bound one, but not all, of the defendants to litigate, in...