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.
Posts published in “Class Actions”
Class Actions
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant bank in an action brought under the federal Telephone Consumer Protection Act.
The Maryland Court of Appeals, the state’s highest court, recently held that under Maryland Commercial Law Article § 12-1018(b), a credit grantor that knowingly violates the Maryland Credit Grantor Closed End Credit Provisions is required to forfeit treble the amount of interest, fees, and charges collected in violation of the subtitle.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency.
The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members would face significant prejudice.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s ruling remanding the case to state court based on the federal Class Action Fairness Act’s “local controversy” exception, finding the trial court erroneously applied the exception.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a motion to remand to state court a putative class action removed to federal court under the federal Class Action Fairness Act.
The U.S. Court of Appeals for the Ninth Circuit recently held that a trial court erred in its amount in controversy analysis in determining jurisdiction under the federal Class Action Fairness Act.
The U.S. Court of Appeals for the Eleventh Circuit recently held that it did not have jurisdiction to consider a defendant’s motion for leave to appeal in a case that was previously removed to federal court pursuant to the federal Class Action Fairness Act after the federal trial court sua sponte remanded the case back to state court.
The U.S. Court of Appeals for the Fourth Circuit recently reversed a trial court's dismissal of one named plaintiff’s claims against a loan servicer in a putative class action but affirmed the dismissal of the other named plaintiff’s claims.
The U.S. Court of Appeals for the Fifth Circuit recently vacated and remanded a lower court’s award of over $4 million in attorney’s fees in connection with a class action settlement.
The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.