Class Action Themes of 2014: Implications for Class Action Strategy of Supreme Court Decisions

Class Action Themes of 2014: Implications for Class Action Strategy of Supreme Court Decisions

A further theme of 2014 was the potential impact of general litigation decisions on class action practice. In particular, two decisions released by the Supreme Court in 2014 – Hryniak and Sattva – could significantly affect how defendants approach the defence of class actions: Hryniak, by giving defendants a stronger tool for disposing of claims prior to trial, and Sattva, by opening the door to new arguments against certification of issues involving interpretation of contracts.

No Proof Necessary: SCOTUS Rules Defendant’s Notice of Removal Under CAFA Need Not Include Evidence of the Amount in Controversy

No Proof Necessary: SCOTUS Rules Defendant’s Notice of Removal Under CAFA Need Not Include Evidence of the Amount in Controversy

On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act (“CAFA”).

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole (represented by a team of MoFo litigators led by William Stern) was first successful in decertifying the Rule 23(b)(3) “damages” class, and then won its motion for summary judgment.

Supreme Court Allows Removal of Class Actions Under CAFA Without Evidence in Removal Notice of Amount-in-Controversy

Supreme Court Allows Removal of Class Actions Under CAFA Without Evidence in Removal Notice of Amount-in-Controversy

The U.S. Supreme Court ruled on a 5-4 vote today — across perceived “liberal/conservative” lines, at least until the very end — that defendants may remove class action lawsuits under the Class Action Fairness Act (“CAFA”) without submitting evidence to support the $5 million amount-in-controversy threshold.