The Supreme Court recently held in Royal Canin U.S.A., Inc. v. Wullschleger that even if a defendant properly removes a complaint from state to federal court based on federal question jurisdiction, a plaintiff’s post-removal amendment of the complaint to eliminate the basis for federal question jurisdiction will also deprive the
Continue Reading Supreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal JurisdictionJurisdiction
First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial
By Marianne Spencer & Sonya Winner on
Posted in Class Action Procedure, First Circuit
The First Circuit recently held as a matter of first impression that denial of class certification does not strip a federal court of jurisdiction under the Class Action Fairness Act (“CAFA”), consistent with earlier decisions from the Second, Third and Seventh Circuits. The opinion also addressed two exceptions to CAFA—the “home state” and “local controversy” exceptions—ultimately finding that the latter did defeat CAFA jurisdiction in the case before it and required remand to state court. See Kress Stores of Puerto Rico, Inc. v. Wal-Mart Puerto Rico, Inc., — F.4th —-, 2024 WL 4750774 (1st Cir. Nov. 12, 2024).Continue Reading First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial
A Closer Look: Equitable Jurisdiction in the Ninth Circuit After Sonner
By Amy Heath & Sonya Winner on
Under the Ninth Circuit’s 2020 decision in Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020), plaintiffs cannot recover equitable relief in federal court if they have an adequate legal remedy. More than two years later, district courts remain divided on how to apply Sonner at the pleading stage, with some postponing the analysis to later stages and others routinely dismissing equitable claims. In courts that take the stricter view, Sonner can be a useful tool for narrowing the claims class action defendants must litigate in a federal case, particularly in California, where common consumer protection claims are largely limited to equitable remedies. That said, a pair of recent Ninth Circuit decisions highlights that defendants should carefully consider the risk that a plaintiff will refile dismissed equitable claims in state court.Continue Reading A Closer Look: Equitable Jurisdiction in the Ninth Circuit After Sonner