Plaintiffs Seeking Remand Under CAFA Home State Exception Must Present Evidence of Putative Class Members’ Citizenship

Plaintiffs Seeking Remand Under CAFA Home State Exception Must Present Evidence of Putative Class Members’ Citizenship

Recently, the United States Court of Appeals for the Seventh Circuit ruled that a plaintiff seeking to remand a putative class action under the Class Action Fairness Act’s (“CAFA”) home-state exception must produce evidence allowing the court to determine the putative class members’ citizenship as of the date the case was removed to federal court.

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based On Alleged “Unofficial Policy”

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based On Alleged “Unofficial Policy”

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the employer’s lawful written policy to pay nonexempt employees for all hours worked.

Potential for Recovery in Excess of Jurisdictional Minimum is Not Sufficient to Establish Amount in Countroversy, Which

Potential for Recovery in Excess of Jurisdictional Minimum is Not Sufficient to Establish Amount in Countroversy, Which

A District Court in Louisiana granted the plaintiffs’ motions to remand holding that the mere potential for recovery in excess of the jurisdictional minimum was not sufficient to establish the amount in controversy, and that the defendants must show that it was more likely than not that the plaintiffs would recover more than the jurisdictional minimum.