Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket). The question presented is:
Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short and plain statement of the grounds for removal” enough?
In a judgment rendered on March 7, 2014, the Quebec Court of Appeal reversed a decision of the Quebec Superior Court and authorized a class action against Air Canada for allegedly charging a higher price than advertised for tickets, in violation of Article 224 (c) of the Consumer Protection Act, CQLR c P-40.1.
Consumer products companies are frequently the targets of nationwide class actions, and a common defense strategy includes removing these cases to federal court under the Class Action Fairness Act of 2005. ”
In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a class action settlement arising from the defendant’s faxing of thousands of unsolicited advertisements in violation of the federal Telephone Consumer Protection Act.
In recent months cybersecurity breaches involving national retailers, related privacy issues, and the hundreds of millions of dollars spent as a consequence have been repeatedly in the news and on the minds of the public, regulators, and businesses of all kinds.