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Posts tagged as “CAFA”

8th Cir. Holds ‘Citizen’ Does Not Equal ‘Resident’ Under CAFA’s ‘Local Controversy’ Exception

The U.S. Court of Appeals for the Eighth Circuit recently held that “citizen” is not synonymous with “resident” under the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d), such that the class action lawsuit at issue could not be remanded to state court under CAFA’s “local controversy” exception but rather should remain in federal court. A copy of the opinion in Tammy Hargett v. St. Bernard’s Hospital Inc, et al is available at:  Link to Opinion. The plaintiff was injured in a car accident and received treatment at a hospital, which required her to assign her Medicaid beneficiary rights to it. The hospital later contracted with…

11th Cir. Holds CAFA’s ‘Local Controversy’ Exception Does Not Preclude Federal-Question Jurisdiction

The U.S. Court of Appeals for the Eleventh Circuit recently held that the federal Class Action Fairness Act’s (CAFA) local-controversy provision, 28 U.S.C. § 1332(d)(4), does not preclude a federal trial court from exercising federal-question jurisdiction. Accordingly, the Eleventh Circuit affirmed the federal trial court’s denial of the plaintiffs’ motion to remand the matter to state court following the defendants’ removal. A copy of the opinion in Blevins v. Aksut is available at:  Link to Opinion. The litigation involved a defendant doctor’s alleged performance of unnecessary heart procedures on the plaintiffs.  Specifically, the plaintiffs alleged that the defendant doctor would…

11th Cir. Holds CAFA Jurisdiction Remains Even When Class Claims Are Dismissed Before Certification

The U.S. Court of Appeals for the Eleventh Circuit recently held that federal courts that have original subject matter jurisdiction over state law claims under the federal Class Action Fairness Act retain that jurisdiction even when the class claims are dismissed before the class is certified.