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CAFA Jurisdiction

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Canela v. Costco Wholesale Corp. (9th Cir. 2020) 2020

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

Kendrick v. Conduent State & Local Solutions, Inc.

by Jan T. Chilton |

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

King v. Great American Chicken Corp.

by Jan T. Chilton |

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

Broadway Grill, Inc. v. Visa, Inc.

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

Allen v. Boeing Co.

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