Class Action Removal Standards in Flux
Effective Litigation Strategies for Plaintiff and Defense Counsel
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, June 16, 2009
Recorded event now available
This seminar will examine the federal Circuit Courts’ varying standards for removal under the Class Action Fairness Act (CAFA) and the impact on future cases, discuss strategies for defense counsel for obtaining removal, and outline tactics plaintiffs’ counsel can employ for maneuvering post-removal.
Description
On March 26, 2009, the Third Circuit issued a precedent-setting opinion on the standard for removal from federal to state court under the Class Action Fairness Act (CAFA). The ruling addressed two separate issues of first impression under CAFA’s local controversy exception.
The recent Third Circuit decision is one of many in recent years interpreting standards for removal under CAFA. There is currently a circuit split regarding the evidence required in a CAFA removal action to show that the “amount in controversy” standard has been satisfied.
The Third Circuit applied the "legal certainty" standard in two cases in 2006 and 2007, diverging from at least five other circuit courts that apply the "preponderance of the evidence" standard. The Eleventh Circuit requires "an unambiguous statement,” yet another standard.
Listen as our panel of class action attorneys examines the varying standards for removal in the various circuit courts and reviews the impact of these rulings on future litigation. The panel will also discuss strategies for defense counsel for obtaining removal and offer their perspectives on tactics for plaintiffs’ counsel to maneuver post-removal.
Outline
- Who has burden of proving jurisdiction?
- Effect of post-CAFA amendment to pre-CAFA pleading
- “Amount in controversy” standards
- Abrego Abrego v. Dow Chemical Co. (9th Cir. 2006)
- Lowery v. Alabama Power Co. (11th Cir. 2007)
- Frederico v. Home Depot (3d Cir. 2007)
- Morgan v. Gay (3d Cir. 2006)
- Blockbuster v. Galeno (2d Cir. 2006)
- Exceptions-- “Local controversy” standard—Kaufman v. Allstate New Jersey Insurance Co. (3d Cir. 2009)
- CAFA appeals
- Plaintiffs’ strategies for maneuvering post-removal
Benefits
The panel will review these and other key questions:
- How are the Circuit Courts currently responding to requests for removal in class action litigation?
- What strategies have been effective for plaintiffs' counsel who are forced to litigate in federal court?
- What tactics should defense counsel consider using to obtain removal to federal court?
- What is the effect of amending a pleading that was filed pre-CAFA on removal?
Faculty
D. Matthew Allen,
Shareholder
Carlton Fields, Tampa, Fla.
He chairs the firm's Class Action Task Force, is a member of the firm's Business Litigation and Trade Regulation Practice Group, and head of the class action blog, "Classified." He has particular emphasis in class action and antitrust litigation. His area of practice is complex litigation, including antitrust law, healthcare litigation, appellate law, and general business disputes.
Brian Anderson,
Partner
O'Melveny & Myers, Washington, D.C.
He focuses on the defense of all forms of aggregated litigation, including class actions, mass torts, multi-district proceedings, state attorney general lawsuits and investigations, and mass-joinder actions. He has defended over 400 aggregated actions in state and/or federal courts in 39 states and the District of Columbia. He is a frequent speaker on class actions and complex litigation issues.
Garrett W. Wotkyns,
Of Counsel
Schneider Wallace Cottrell Brayton Konecky, Scottsdale, Ariz.
His practice focuses on class action litigation, with an emphasis on matters involving banking, insurance and employee benefits issues. He is a frequent speaker and continuing legal education instructor on mortgage litigation topics.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available ten business days after the live event
CLE Credit
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Customer Reviews
The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.
Allyn Z. Lite
Lite DePalma Greenberg, LLC
The speakers prepared good outlines and followed them during their presentations.
John Wm Ringer
Ringer Law Office
The speakers were excellent and made it easy to understand the complex subjects.
Michael Robinson
Winston & Strawn LLP
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
The subject matter was timely and important, and the webinar format is well suited for this topic.
Dennis Brennan
Saul Ewing LLP
Class Action Law Advisory Board
Partner
Reed Smith
Partner
Hagens Berman Sobol Shapiro
Partner
O'Melveny & Myers
Partner
Alston & Bird
Partner
Goldman Scarlato & Karon
Partner
Weinstein Kitchenoff & Asher
Partner
Winston & Strawn
Partner
Edwards Wildman Palmer
Partner
King & Spalding
Professor
Harvard Law School
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