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CAFA Jurisdiction

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Class Actions, CAFA, Relationship to Magnuson-Moss Warranty Act Jurisdictional Requirements, 2, 7 CAFA does not impliedly repeal the Magnuson-Moss Warranty Act's limitations on federal court jurisdiction.  For a federal court to have jurisdiction of a class action claim under the MMWA, there must be at least 100 named plaintiffs.  15 USC 2310(d)(3).  An MMWA class action claim brought by fewer… Read More

The amount in controversy under CAFA is the defendant's possible liability, not likely or probable liability.  When the complaint prays for an unspecified amount of punitive damages, a removing defendant can meet its burden of showing its possible liability for an amount of punitive damages by presenting evidence of the compensatory to punitive damage ratio(s) awarded in other cases alleging… Read More

Following Baumann v. Chase Investment Serv. Corp. (9th Cir. 2014) 747 F.3d 1117, this decision holds that a PAGA suit is not a "class action" that can be removed under CAFA because a PAGA suit lacks the characteristics of a class action under FRCivP 23.  That conclusion not weakened by more recent decisions, but is instead by the Cal. Supreme… Read More

Remand to state court based on the local controversy exception to jurisdiction under the Class Action Fairness Act was proper in this putative class action against the Golden Gate Transportation District, the Bay Area Toll Authority and Conduent, the private entity that collects bridge tolls under contract with the other two defendants, for violating California's privacy laws by sharing personal… Read More

A stipulation that “at least 67%” of class members had last known California addresses was insufficient to show greater than 2/3rds of class members were California citizens, but plaintiff should be allowed discovery to prove that fact which is necessary to invoke CAFA’s local controversy exception. Read More

CAFA removal jurisdiction is based on the complaint as it stands on the date of removal; plaintiff may not defeat CAFA jurisdiction by amending the class definition post-removal to exclude citizens of other states.  Read More

The local controversy exception to federal CAFA jurisdiction applied in this pollution class action because the plaintiffs sought significant relief from and based their suit in significant part on a nondiverse defendant’s negligence in performing its contract to remediate the diverse defendant’s pollution. Read More