CAFA Removal and Remand: Key Developments for Plaintiff and Defense Counsel

Lessons from Recent Cases on Amount-in-Controversy, State AG Suits, Joint Trials and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, February 24, 2015
Recorded event now available


This CLE webinar will examine key recent developments in Class Action Fairness Act (CAFA) removal and remand, analyze the impact of recent cases for class action practitioners, and offer strategies for plaintiff and defense counsel for obtaining or defeating removal or remand.

Description

Courts issued a number of rulings on the issue of removal under the CAFA throughout 2013 and 2014, including multiple U.S. Supreme Court opinions. On Dec. 15, 2014, in Dart Cherokee Basin Operating Co. LLC v. Owens, the High Court held a defendant must only include a “plausible allegation” in its notice of removal to satisfy CAFA’s $5 million amount-in-controversy requirement. While the decision is favorable to defendants, defense counsel must still be prepared to present evidence supporting federal jurisdiction if the plaintiff challenges a request for removal.

Other recent CAFA decisions have addressed the circumstances under which cases that are proposed to be heard as a joint trial are subject to federal jurisdiction and removal under CAFA’s “mass action” provision, and whether a state attorney general’s parens patriae lawsuit is a “mass action” eligible for removal to federal court.

In addition, some courts still wrestle with the effect of post-removal events such as denial of class certification or loss of diversity on continued federal court jurisdiction.

Listen as our authoritative panel of class action attorneys examines the latest case law addressing CAFA removal and remand and key takeaways for class action litigators.

Outline

  1. Case law developments on CAFA removal
  2. Defense strategies to obtain removal and defeat remand
  3. Plaintiff strategies to defeat removal or obtain remand

Benefits

The panel will address these and other key issues:

  • How have recent Supreme Court and Circuit Court of Appeals cases addressed CAFA removal standards?
  • Do federal courts retain jurisdiction even after class certification is denied or diversity is destroyed?
  • What post-removal events or circumstances can result in a remand to state court?
  • Can attorney general cases ever be removed to federal court?

  • Do plaintiffs need to put forward evidence to rebut a defendant’s amount-in-controversy argument?

  • Does the Supreme Court’s Dart Cherokee Basin Operating Co. LLC v. Owens ruling extend beyond CAFA cases?

Faculty

Jeffrey A. Holmstrand, Senior Counsel
Flaherty Sensabaugh Bonasso, Wheeling, W.Va.

Mr. Holmstrand focuses his state-wide practice on defending products liability, mass torts/class action and complex insurance disputes. He has both acted as lead trial counsel and worked with national counsel in cases involving a wide variety of products including tobacco, prescription medicines, chemicals, and motor vehicles and their tires. He also has an active appellate practice.

Allan Kanner, Founder
Kanner and Whiteley, New Orleans

Mr. Kanner has acquired a national reputation in the fields of complex litigation, environmental law and consumer fraud. Many of his cases have become leading precedents or led to legislative or regulatory changes. Mr. Kanner has served as an adjunct professor at a number of law schools throughout the U.S. and is the current Chair of the ABA’s Environmental Litigation Trial Practice Sub-Committee.

Jessica D. Miller, Partner
Skadden Arps Slate Meagher & Flom, Washington, D.C.

Ms. Miller has broad experience in the defense of purported class actions and other complex civil litigation with a focus on product liability matters and multidistrict litigation proceedings. She has been responsible for case coordination, strategy, and law and motions in numerous federal and state court coordinated proceedings involving pharmaceutical products, medical devices and industrial products. Ms. Miller speaks frequently at seminars and symposia on litigation-related issues.


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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

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Founder

Karon LLC

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Partner

Weinstein Kitchenoff & Asher

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Partner

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W. Ray Persons

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King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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