Category Archives Class Action

The Class Action Fairness Act (“CAFA”) streamlines removal of cases to federal court if certain requirements are met.  A court acquires federal jurisdiction over a class action with at least 100 class members, an amount in controversy in excess of $5,000,000 in the aggregate, and at least minimal diversity of citizenship—i.e. any class member with citizenship diverse from any defendant. …

On March 14, 2014, we wrote about a district court examining the merits of a plaintiff’s claims when addressing the amount in controversy requirement upon removal of a case from state to federal court.  [Click here to view].  McDaniel v. Fifth Third Bank (M.D. Fla. Feb. 28, 2014). To recap, the plaintiff filed a class action complaint against Fifth Third Bank…

The United States District Court for the Southern District of Florida recently addressed two important legal issues: (1) interpretation of Florida’s Economic Loss Rule and (2) the framework for addressing a motion to strike class allegations under Fed. R. Civ. P. 12(f).   In Gill-Samuel v. Nova Biomedical Corp., Case No.: 13-62591, 2014 WL 1661496 (S.D. Fla. April 8, 2014) (Gill-Samuel…

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