Monthly Archives: May 2011

Super Bowl Lawsuit Offers Lessons in How to Count to $5 Million

A recent federal court decision in Texas offers interesting insights as to the inferences a court may reach in calculating the amount in controversy for removal purposes—and as to the extent to which some of those inferences may be within

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Court Remands Class Action After Holding Federal Jurisdiction Claim “Strains Credulity”

The burden on class action defendants seeking removal to federal court under the Class Action Fairness Act (“CAFA”) is not a steep one. But a recent remand order in Wisconsin instructs that when removal is contested, the defendant must come

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Smokers’ Medical Monitoring Class Rejected as Insufficiently Ascertainable

A recent decision from the Northern District of California highlights an uncodified but important prerequisite for class certification: ascertainability. In Xavier v. Philip Morris USA, two healthy smokers seek an order requiring cigarette manufacturer Philip Morris to establish and fund

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Fifth Circuit Warns That Rule 23(b)(3) Analysis Must Not Be Taken Lightly

A recent Fifth Circuit opinion reversing class certification in a suit alleging exposure to petroleum coke dust highlights the rigor with which courts are required to analyze claims of superiority and predominance under Rule 23(b)(3). In Madison v. Chalmette Refining,

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Ninth Circuit: Third Parties Joined to Class Actions as Additional Counterclaim Defendants May Not Seek CAFA Removal

This week, the Ninth Circuit held that third parties joined to a class action as additional counterclaim defendants are not “true defendants” within the definition of 28 U.S.C. §§ 1446 or  1453(b) and may not remove the class action to

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