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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
July 17, 2019

Counterclaim Defendants Are Not Really “Defendants”

After Citibank filed a debt-collection action against Jackson in state court, Jackson counterclaimed against Citibank and filed third party class action claims against Home Depot and Carolina Water Systems, Home Depot then removed the case to federal court. The district judge remanded the case to state court which the United States Court of Appeals, Fourth Circuit affirmed. Justice Thomas authored the opinion for the five justice majority which affirmed, while Justice Alito wrote a dissenting opinion on behalf of the four dissenting justices.

Class Action Blog
February 27, 2019

The Ninth Circuit Clarifies Its Class Action Fairness Act of 2005 (CAFA) Amount in Controversy Removal Rules

Swift Transportation removed plaintiff’s Third Amended Class Action Complaint alleging that the federal court had CAFA subject matter jurisdiction. The district court remanded finding Swift failed to prove the amount in controversy exceeded $5 million.  The court ruled that only the amount of attorneys’ fees incurred to the date of removal was part of the amount in controversy. The Ninth Circuit reversed and remanded after concluding that the amount in controversy included all attorneys’ fees which the plaintiff was entitled to recover under the law.