Ninth Circuit Again Complicates CAFA Removal Standards

By Matthew Goodman on December 30, 2020 Posted in Class Action Fairness Act

Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was one permitting removal of more class action claims to federal court. The Ninth Circuit in particular was unfriendly to these new provisions, but, we had thought, the Supreme Court put the matter … Continue Reading

Sixth Circuit Affirms Complex Settlement of FLSA Claims Involving Exotic Dancers

By Greg Mersol on June 6, 2019 Posted in Wage and Hour

An FLSA collective action involving exotic dancers is brought in 2008 and settles in 2011. Five years later, the same attorneys file essentially the same case with many of the same dancers as class members against some of the same defendants. And one of those defendants has the name “Déjà vu.” What are the odds? … Continue Reading

Sixth Circuit Narrowly Construes CAFA’s Local Controversy Exception

By Greg Mersol on May 2, 2017 Posted in Class Action Fairness Act

Congress passed the Class Action Fairness Act (CAFA) in 2005 to address a series of well-documented abuses of the class action process. Among the protections of the act were provisions enabling class action defendants to remove class action cases more readily than had been allowed before. 28 U.S.C. § 1332(d). The new CAFA removal provisions … Continue Reading