Robertson v. Sun Life Financial, 2:17-cv-02148-SSV-JVM (E.D. La. Jan. 22, 2018)
In this action, a Louisiana District Court denied a motion to remand, finding that the Plaintiff’s generic demand for damages from a “local” defendant was insufficient to justify remanding the case pursuant to CAFA’s Local Controversy exception.…
Walsh v. Defenders, Inc, 2018 WL 555690 (D.N.J. Jan. 25, 2018).
On a motion for reconsideration, a District Court in New Jersey reversed an earlier ruling denying a motion to remand based on the “local controversy” exception to CAFA. The Court held that, in order to defeat diversity, the local-controversy test does not require…
Cedar Lodge Plantation LLC et al. v. CSHV Fairway View II LLC ,768 F.3d 425 (5th Cir. 2014).
The Fifth Circuit reversed an order remanding a class action to state court, holding that the application of the local controversy exception depends on the pleadings at the time the class action is removed, not on an…
Myrick v. WellPoint, Inc., 764 F.3d 662 (7th Cir. 2014).
The Seventh Circuit held that a District Court’s denial of plaintiffs’ motion to remand due to their failure to meet their burden of proof, was proper, notwithstanding plaintiffs’ contention that class citizenship discovery would have been too expensive.
Plaintiffs were former health insurance policy…
Gibson v. Continental Resources, Inc. Case No. 5:15-cv-00611-M, (W.D. Okla. Oct. 8, 2015).
This order concerned a motion to remand a case to state court based on the plaintiff’s assertions that the defendant had not filed a sufficient removal notice.
The plaintiff brought a putative class action alleging that the defendant failed to make proper…
Whisenant v. Sheridan Production Co., LLC, 627 F. App’x. 706 (10th Cir. 2015)
This decision concerns the reversal of a denial of a motion to remand. Plaintiff brought a putative class action in Oklahoma state court against a natural gas production company, alleging that it failed to pay or underpaid royalties for natural gas wells.…
Williams v Employers Mutual Casualty Company et al., 2017 WL 117148 (8th Cir. 2017).
In affirming the judgment of a District Court’s order denying plaintiff’s motion to remand, the Eighth Circuit found that an equitable garnishment action against insurers and land owners, although labeled otherwise, is a class action in “substance” for the purpose of…
Dotson v Bayer Corp, 2017 WL 35706 (E.D. Mo. Jan. 4, 2017).
In granting plaintiffs’ motion to remand, a District Court in Missouri found that the doctrine of fraudulent misjoinder did not support subject matter jurisdiction over an action against the manufacturers of a medical device because the joinder of a non-diverse plaintiff was…
Addison v. The Netherlands Ins. Co., 2015 WL 461958 (D. Mass. Feb. 4, 2015)
A district court in Massachusetts remanded a case to state court finding that a delay in filing a notice of removal unjustifiable when the complaint, the defendants’ prior filings, and underlying circumstances provided defendants with sufficient grounds to timely ascertain their basis…
Grozco v. Illinois Tool Works, Inc., 2015 WL 411209 (E.D. Cal. Jan. 30, 2015).
A district court in California denied a motion to remand, finding that the defendant had sufficiently established by a preponderance of the evidence that the amount-in-controversy exceeded $5 million.
The plaintiff class, comprising of current and former non-exempt hourly workers of…
