Federal Civ Pro

Question 1

Federal Subject Matter Jurisdiction (class actions)

Answer 1

Diversity jurisdiction

(1) amount in controversy for any named plaintiff’s claim exceeds $75k

(2) Any of the named plaintiffs are a citizen of a different state than the named defendant’s

Question 2

Class Action Fairness Act

Answer 2

Requirements -

CAFA vests federal courts with jurisdiction if:

1. the class contains 100 or more members
2. any member of the class is diverse from any defendant.
3. amount in controversy exceeds $5 million when the member’s claims are aggregated.

Removal to federal district court -

*** Such cases can be removed to the federal district court for the district and division embracing the place where such action is pending.

*** One-year limit on removal from state court does not apply under CAFA, on removal under CAFA so long as the 30-day requirement is met.

*** Any defendant can remove, no consent from co-defendants required.

Appeal of Motion to Remand -

A district court’s decision granting or denying a motion for remand class action may be appealed by permission.

Question 3

Class Action (appealability)

Answer 3

Appeals court may permit an appeal from an order granting or denying class-action certification.

A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf.

Plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class certification.