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Posts published in “CAFA”

8th Cir. Rejects Challenge to Advertised Discounts as ‘Deceptive’

The U.S. Court of Appeals for the Eighth Circuit recently upheld the dismissal of a putative class action challenging an advertised discount as supposedly deceptive. In so ruling, the Eighth Circuit held that the named plaintiff's allegations failed to meet the "ascertainable loss" requirement under the Missouri Merchandising Practices Act.

7th Cir. Rejects CAFA Removal Under ‘Internal-Affairs’ and ‘Home-State Controversy’ Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that a putative class action removed to federal court under the Class Action Fairness Act lacked federal jurisdiction because it fell within CAFA’s "internal-affairs" and "home-state controversy" exceptions.

2nd Cir. Reverses Class Settlement Citing Various Errors Under Rule 23, CAFA

The U.S. Court of Appeals for the Second Circuit recently reversed a trial court's approval of a settlement in a class action case because the trial court presumed the fairness, adequacy, and reasonableness of the proposed settlement on the grounds the settlement was negotiated to at arm's-length failed to assess the fairness, adequacy, and reasonableness of the agreed to attorneys’ fees and incentive payment, and erred in determining the class relief did not constitute "coupons" under the federal Class Action Fairness Act (CAFA).

9th Cir. Vacates Summary Judgment in Favor of Defendant for CAFA ‘Amount in Controversy’ Deficiencies

The U.S. Court of Appeals for the Ninth Circuit recently held that it could sua sponte question a defendant’s assertions of jurisdiction under the federal Class Action Fairness Act, and that the record did not sufficiently demonstrate that CAFA’s amount-in-controversy requirement was met here because the requisite $5 million amount was not evident from the face of the complaint nor the defendant’s notice of removal and supporting declaration.

8th Cir. Holds No Presumption Against Removal in CAFA Cases, Declaration Supporting Removal Improperly Ignored

The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s order remanding a defendant's removal to federal court of a putative class action under the federal Class Action Fairness Act. In so ruling, the Eighth Circuit held that CAFA did not contain a presumption that class action cases should be remanded to state court, and the trial court failed to properly consider a declaration provided by the defendant in support of the request for removal under CAFA.

8th Cir. Affirms Remand of Putative Class Action Under CAFA on Lack of Amount in Controversy

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order remanding a putative class action suit to state court. In so ruling, the Eighth Circuit held that when a plaintiff contests the amount in controversy after removal, the party seeking to remove under the federal Class Action Fairness Act must establish the amount in controversy by a preponderance of the evidence.