Class Action Removal Standards in Flux
Effective Litigation Strategies for Plaintiff and Defense Counsel
Third Circuit provides new guidance on standards for removal under CAFA
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
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?
D. Matthew Allen
Mr. Allen has a particular emphasis in class action and antitrust litigation, having litigated dozens of class... | Read More
Mr. Allen has a particular emphasis in class action and antitrust litigation, having litigated dozens of class actions last year alone. More broadly, his area of practice is complex litigation, including antitrust law, deceptive trade practice law, insurance litigation, employment law (including collective actions), appellate law, and general business disputes. He is board certified by The Florida Bar in Antitrust and Trade Regulation Law.Close
O'Melveny & Myers
He focuses on the defense of all forms of aggregated litigation, including class actions, mass torts, multi-district... | Read More
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.Close
Garrett W. Wotkyns
Schneider Wallace Cottrell Brayton Konecky
His practice focuses on class action litigation, with an emphasis on matters involving banking, insurance and employee... | Read More
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.Close
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