Ninth Circuit Affirms Principles For CAFA Removals

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October 24, 2019

According to two BakerHostetler law firm attorneys, the Ninth Circuit “recently affirmed three principles that apply in Class Action Fairness Act (CAFA) removal cases.”

Shareef Farag and Nicholas Poper said the Arias v. Residence Inn “affirmed three principles that apply in CAFA removal cases,” in which federal courts are given original jurisdiction for class action cases rather than state courts. In order to remove a case to federal court under CAFA, this case says defendants must only show the amount in question exceeds a certain threshold, can do so by relying on reasonable assumptions than the amount will exceed the threshold, and include potential attorney fees in that amount.

The attorneys called this decision a “refresher.”

10/24/2019