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CAFA Law
 
Sophie P. Toulon v. Continental Casualty Company Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

In September 2002, Sophie Toulon applied for a Preferred Solution long-term care insurance policy (the Policy) issued by Continental Casualty Company. Continental provided Toulon with a “Long Term Care Insurance Personal Worksheet,” along with the application, to help her determine whether the Policy would work for her,
2 No. 16-1510
given her financial circumstances. The Worksheet discuss... More...
   $0 (12-17-2017 - IL)

Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

Randy Roberts v. Mars Petcare US, Inc. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The Class Action Fairness Act of 2005 extends federal court
jurisdiction to class actions on behalf of 100 or more people and in request of $5 million or more
>
No. 17-6122 Roberts v. Mars Petcare US, Inc. Page 2
in damages so long as “any member of a class of plaintiffs is a citizen of a State different from
any defendant.” 28 U.S.C. §§ 1332(d)(2)(A), (d)(5), (d)(6). At issue ... More...
   $0 (11-02-2017 - TN)

Jaclyn Waters v. Ferrara Candy Co. Eighth Circuit Courthouse - St. Louis, Missouri

With this court’s permission, Ferrara Candy Co. (Ferrara) appeals the district
court’s1 order remanding this putative class action back to the state court from which
it was removed. Neither party having waived the time limit in 28 U.S.C. § 1453(c)(2),
we resolve this appeal on the parties’ briefs. We affirm.
I. Background
Plaintiff Jaclyn Waters filed this putative class action... More...
   $0 (10-16-2017 - MO)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
2
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

Divid Landon Speed v. JMA Energy Company, LLC Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiff David Landon Speed filed a petition (the Petition) in the District Court of Hughes County, Oklahoma, asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that requires payment of interest on delayed payment of revenue
2
from oil and gas production. He further asserted that JMA fraudulently conc... More...
   $0 (10-02-2017 - OK)

Xavier Laurens and Khadija Laurens v. Volvo Cars of North America, LLC and Volvo Cars USA, LLC

The idea of a theme and variations is a
common one in music. It should be in law, too. Here we return
to the familiar theme of a defense effort to pretermit a proposed
class action by picking off the named plaintiff’s claim.
Several variations on that theme have been tried and have
failed. See Campbell‐Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)
2 No. 16‐3829
... More...
   $0 (08-25-2017 - IL)

Elizabeth Blevins v. Seydi V. Aksut, M.D.

This case arises out of Defendant Doctor Seydi V. Aksut’s alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the Class Action Fairness Act’s (“CAFA”) local-controversy provision, 28 U.S.C. § 1332(d)(4), precluded the district court from exercising federal-question jurisdiction. And if not, we must decide whether Plaintiffs allege that they ... More...   $0 (03-07-2017 - AL)

Joseph Robertson, et al v. Chevron USA, Incorporated

Plaintiffs are 189 natural persons who live, work, or own real property in a certain part of Harvey, Louisiana, or formerly did so. They allege that the nearby cleaning of pipes used in the oil industry produced harmful radioactive material that injured their health and property. Defendants are several oil companies, contractors that cleaned pipes for those oil companies, and the owners of prope... More...   $0 (01-03-2016 - )

Tyson Foods, Inc. v. Bouaphakeo

Plaintiffs Dale Sharp, et al., filed a "Class Action and Representative Action Complaint" against Defendant Tyson Foods, Inc., on February 6, 2007. Dkt. # 2. Plaintiffs bring two claims against Tyson: (1) a class action under Federal Rule of Civil Procedure 23 for Tyson's alleged violations of the Iowa Wage Payment Collection Law (IWPCL), and (2) a collective action under 29 U.S.C. § 216(b) for Ty... More...   $0 (11-14-2015 - DC)

Whisenant v. Sheridan Production Company

Tony R. Whisenant filed a class action in state court alleging that
Sheridan Production Company, LLC (Sheridan) failed to pay or underpaid royalties
for natural gas wells it operated in Beaver County, Oklahoma. Sheridan removed the
suit to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.
§ 1332(d), and the district court denied Mr. Whisenant’s motion... More...
   $0 (10-12-2015 - OK)

Ebony Bridewll-Sledge v. Blue Cross of California

The present appeal involves two similar class actions that
were filed against the same defendants, in the same California
superior court, on the same day thirteen minutes apart, and
that were consolidated by the state court “for all purposes.”
Despite the fact that the two actions had been consolidated
into a single action, Defendants filed two separate notices of
removal, ... More...
   $0 (08-24-2015 - CA)

JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas... More...   $0 (07-23-2015 - )

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
4
Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th... More...
   $0 (07-22-2015 - NJ)

The People ex rel. Linda Green v. Kirnpal Grewal

Slot machines, sometimes called ―one-armed bandits‖ (although younger users might wonder why), have long been outlawed in California. Under review are devices that resemble traditional casino-style slot machines in some ways and offer users the chance to win sweepstakes prizes. Because they employ modern technology, the devices differ from traditional slot machines in some ways. We must decide... More...   $0 (06-25-2015 - CA)

United States of America v. Yllli Gjeli

PHILADELPHIA – The leaders of a violent loan sharking and illegal gambling ring that operated out of several Philadelphia businesses were sentenced today by U.S. District Court Judge William Yohn in Philadelphia, PA. Ylli Gjeli, 49, of Philadelphia, was sentenced to 168 months in prison. Fatimir Mustafaraj, 42, also of Philadelphia, was sentenced to 147 months in prison. The defendants generat... More...   $0 (06-11-2015 - PA)

Laura Zamora Jordan v. Nationstar Mortgage, LLC

Defendant-Appellant Nationstar Mortgage LLC
(Nationstar) appeals from the district court’s order granting
Plaintiff-Appellee Laura Zamora Jordan’s (Jordan) motion to
remand this class action proceeding to state court because its
removal was untimely under 28 U.S.C. § 1446(b). Section
1446(b)(1) permits defendants to remove state-court actions
to federal court within th... More...
   $0 (04-09-2015 - WA)

Richard Reyes v. Dollar Tree Stores, Inc.

The issue before us is whether the class certification order
created a new occasion for removal. We conclude that it did
and remand to the district court to exercise jurisdiction under
CAFA.
I.
Reyes filed this action in California state court in July
2012, alleging that Dollar Tree violated California Labor
Code § 226.7 by denying proper rest breaks to its employees.<... More...
   $0 (04-01-2015 - CA)

United States of America v. Abid Naseer

Brooklyn, NY - Following a two-week trial, Abid Naseer, 28, a Pakistani national who joined al-Qaeda and plotted to commit a terrorist attack in the United Kingdom, was found guilty by a jury in Brooklyn federal court of providing material support to al-Qaeda, conspiring to provide material support to al-Qaeda, and conspiring to use a destructive device in relation to a crime of violence. The evi... More...   $0 (03-04-2015 - NY)

Christina I. Petersen v. Bank of America

This appeal, after a successful demurrer for misjoinder, tests the limits of California’s permissive joinder statute, section 378 of the Code of Civil Procedure.1 There are no less than 965 plaintiffs listed in the caption of the third amended complaint. Strictly speaking, though, this is a “mass action,” not a “class action.” Had this case been filed prior to 2005, in all probability it... More...   $0 (12-11-2014 - CA)

United States of America v. Christian Peterson

MADISON, WIS. – John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Christian Peterson, 45, Madison, Wis., was sentenced today by U.S. District Court Judge Barbara B. Crabb to seven years in federal prison following his convictions for bank fraud, money laundering, and making false statements to banks. Judge Crabb also sentenced Peterson to five years ... More...   $0 (12-03-2014 - WI)

The People v. Raul Pedroza

In November 1998, Donald Schubert was murdered. In April 2012, a jury convicted defendant Raul Pedroza of the first degree murder of Schubert and conspiracy to commit the murder. The jury also found true gang enhancement allegations. The prosecution’s case against defendant relied in large part on the testimony of an accomplice. Following the guilty verdict, the trial court granted defendant’s... More...   $0 (11-14-2014 - CA)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...
   $0 (11-10-2014 - NM)

David Romulus v. CVS Pharmacy, Inc.

CVS Pharmacy, Inc. takes this
interlocutory appeal from an order granting the plaintiffs' motion
to remand a putative class action for wage and hour violations. In
this case of first impression in this circuit, we clarify the
removal time periods and mechanisms under the Class Action Fairness
Act of 2005 ("CAFA").
Under CAFA, federal courts have jurisdiction over a classMore...
   $0 (10-24-2014 - MA)

Linda Rand v. KOA Campgrounds

¶1 Plaintiff Linda Rand appeals the trial court’s order
dismissing her claims against Defendants KOA Campgrounds,
1. The Honorable Pamela T. Greenwood, Senior Judge, sat by
special assignment as authorized by law. See generally Utah R. Jud.
Admin. 11-201(6).
Rand v. KOA
Victoria Orme, Doug Robinson, Don Boothroyd, Marlene
Boothroyd, J-J Bakd LC (collectively, KOA), a... More...
   $0 (10-17-2014 - UT)

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