No Remand Where Plaintiff Cannot Show to a Legal Certainty That a $5 Million Recovery by Defendant is Impossible

No Remand Where Plaintiff Cannot Show to a Legal Certainty That a $5 Million Recovery by Defendant is Impossible

A magistrate judge found that when a defendant meets its burden to plausibly show that the amount in controversy exceeds the $5 million jurisdictional threshold under CAFA, the plaintiff must then show to a legal certainty that if the plaintiff prevails in the action, it was impossible to recover $5 million.

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District Court Holds That Amount in Controversy Can Be Proven by a Reasonable Chain of Logic Flowing from the Allegations of the Complaint

District Court Holds That Amount in Controversy Can Be Proven by a Reasonable Chain of Logic Flowing from the Allegations of the Complaint

In this action, a District Court declined to remand the action to state court finding that the defendants had satisfied their burden of proof by showing a reasonable chain of logic based on the allegations of the complaint and sufficient evidence to establish that the amount in controversy exceeded $5 million.

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JPML Remands Mass Actions to Their Original Federal Courts After Transferee Court’s Finding That Removal Was Proper Solely On CAFA Grounds

JPML Remands Mass Actions to Their Original Federal Courts After Transferee Court’s Finding That Removal Was Proper Solely On CAFA Grounds

In this pharmaceutical multi-district litigation (“MDL”), the plaintiffs sued several drug manufacturers, alleging that the now-withdrawn prescription pain drug Darvon, its generic version propoxyphene, and Darvocet, a combination of Darvon and acetaminophen, caused heat injury.

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Seventh Circuit Holds CAFA Permits Lodestar Method to Calculate Attorneys’ Fees in Coupon Settlements

Seventh Circuit Holds CAFA Permits Lodestar Method to Calculate Attorneys’ Fees in Coupon Settlements

In In re Southwest Airlines Voucher Litigation, the Seventh Circuit held that the “coupon settlement” provision of CAFA, 28 U.S.C. § 1712, permits a district court to award attorneys’ fees to class counsel based on the lodestar method, rather than the value of coupons actually redeemed by class members.

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