Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more
Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more
A recent Ninth Circuit decision highlights the importance of the defendant clearly pleading the basis for alleging the amount in controversy in a notice of removal under the Class Action Fairness Act (CAFA). In this case,...more
Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more
Can an insured’s post-suit Civil Remedy Notice demanding over $75,000 satisfy the amount-in-controversy diversity jurisdiction requirement and trigger the thirty-day removal period for an insurer? It depends....more
Presented with an argument that the court lacked subject matter jurisdiction, the Southern District of New York clarified the diversity, amount in controversy, and “place of sitting” requirements under Section 7 of the FAA –...more
The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more
The value of the claim at issue, not the value of the policy limit, is considered for purposes of determining the amount in controversy in an insurance coverage class action. That, the Middle District of Florida found, is the...more