The Eleventh Circuit Court of Appeals reversed itself just months after its widely reviled opinion in Cappuccitti v. DirecTV. In a per curiam opinion issued October 15, 2010, a three judge panel concluded, on rehearing, that the earlier Cappuccitti decision was simply “incorrect.” The key holding means that a plaintiffs’ class under CAFA does not [...]
Posts Tagged ‘CAFA’
Eleventh Circuit Takes a Mulligan on Cappuccitti
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, capppuccitti, Class Action Fairness Act, diversity jurisdiction, eleventh circuit on October 20, 2010 | 1 Comment »
Colorado Class Action Filing Trends
Posted in Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged CAFA, class action statistics, colorado class action, colorado class action filings, colorado class action statistics, colorado class action trends, removal on October 15, 2010 | 2 Comments »
I must have more readers than I thought, and some quality readers at that! Andrew Oh-Willeke, Denver lawyer and author of the blog Wash Park Prophet, posted this question as a comment to one of my recent posts, and it seemed like a great topic deserving of its own post: Do you know of any [...]
The United States Supreme Court and Class Actions
Posted in Supreme Court Decisions, tagged CAFA, class action jurisprudence, federalism, preemption, scalia, scotus, shady grove, sotomayor, u.s. supreme court on April 8, 2010 | 1 Comment »
I’m embarrassingly late in posting a link to the Supreme Court’s recent decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, slip op. (S. Ct., March 31, 2010) in which the Court held that a New York state rule prohibiting class actions to recover statutory penalties did not apply in a case filed [...]
CAFA Jurisdiction Survives Decertification
Posted in CAFA Requirements, Class Action Decisions, tagged Baker Hostetler, CAFA, certification, Class Action Fairness Act, decertification, diversity jurisdiction, posner, seventh circuit on March 23, 2010 | Leave a Comment »
While browsing the news today, I came across an informative class action-related snippet on www.lexology.com apparently authored by someone at my firm. (I’m not sure specifically whom to credit for the tip, I just know it wasn’t me.) The article summarizes a January 2010 decision authored by Seventh Circuit Court of Appeals Judge Richard Posner regarding the impact [...]
Supreme Court Embraces Nerve Center Test
Posted in Class Action Decisions, Class Action Fairness Act, Federal Civil Procedure, Supreme Court Decisions, tagged 28 U.S.C. 1332, CAFA, Class Action Fairness Act, class action removal, diversity jurisdiction, nerve center, principal place of business, removal on March 2, 2010 | 1 Comment »
On February 23, the Supreme Court issued its decision in Hertz Corp. v. Friend, No. 08-1107, in which it adopted the “nerve center” test as the proper approach for determining a corporation’s principal place of business for diversity jurisdiction. The Court stated that it was adopting a single test among the numerous approaches previously employed by the [...]
U.S. Supreme Court Considers Class Action Issues
Posted in Class Action News, Supreme Court Decisions, tagged CAFA, foreign cubed, inquiry notice, scotus, securities fraud, Supreme Court, u.s. supreme court on June 23, 2009 | Leave a Comment »
This month’s edition of BNA, Inc.’s Class Action Litigation Reporter (available by subscription) tipped me off to three interesting class action-related cases pending before the United States Supreme Court: 1) Morrison v. National Australia Bank, No. 08-1191 (cert pending). The Court invited the Solicitor General to submit a brief expressing the U.S. government’s views on a petition for certoriari [...]
Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action News, Class Action Trends, CLE Programs, tagged CAFA, class action commentary, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends on December 17, 2008 | Leave a Comment »
Here are some blog posts from the week that was that might be of interest to class action practitioners: Top Stories that Are Hopefully Not Indicative of Class Action Trends Overlawyered reports on a courtroom fistfight between two lawyers pursuing rival class action suits against the same defendant: http://overlawyered.com/2008/12/new-orleans-brawl-between-class-action-lawyers/ Class Action Decisions How Appealing summarizes and [...]
CAFA Makes Strange Bedfellows of Trial Lawyers and Strict Constructionists
Posted in Class Action News, class action reform, Commentary, tagged atla, CAFA, Class Action Fairness Act, federalist society, originalism, originalist, strict constructionism, strict constructionist, textualism, textualist, trial lawyer on December 5, 2008 | Leave a Comment »
Mark Moller of the Cato Institute posted this commentary today arguing that true originalists should not be so quick to extol the virtues of the Class Action Fairness Act of 2005 (CAFA), which is often hailed as a conservative victory in tort reform. Moller and various other conservative commentators argue that the Act, which expands the statutory grant of [...]
Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, Reports and Surveys, tagged CAFA, class action commentary, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, class certification decision, ERISA Class Action, International Class Action Law, securities class action, transnational class action on November 29, 2008 | Leave a Comment »
CABWR Challenge of the Week Recap I’m very disappointed to have to report that last week’s “Lay Down the Gauntlet” Challenge of the Week did not generate a single vote or comment. This means that I must arbitrarily assign a label for class actions filed against institutional investors for failing to make a claim in another [...]
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Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged brinkley, CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, global coordinating counsel, mass tort litigation, securities class action, TCPA, wage and hour class action on January 15, 2009 | 1 Comment »
CABWR is finally back after a three week holiday hiatus! Here are some blog posts from the week that was that might be of interest to class action practitioners: Class Action Decisions CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in [...]
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