CAFA jurisdiction in the Fifth Circuit
The Fifth Circuit’s recent opinions about CAFA jurisdiction have focused on two main issues. The first is the definition of a “mass action,” which like a class action can justify federal diversity jurisdiction; the second is the scope of the “local controversy” exception to CAFA jurisdiction, a kind of abstention that applies if several statutory requirements are satisfied.
“Mass action.”
The Fifth Circuit concluded that a consumer suit brought by the Mississippi Attorney General was a “mass action” in State of Mississippi v. AU Optronics Corp., 701 F.3d 696 (2012), but the Supreme Court reversed 9-0 on January 14, 2014. After review of CAFA’s language and structure, that Court concluded that an action brought on behalf of consumers by a state was not a “mass action” that could allow removal, since it has only one plaintiff, and the claims of the relevant consumers cannot be counted without “unwieldy inquiries.” The Supreme Court characterized the “mass action” provision of CAFA as a “backstop” to prevent the repackaging of a class action.
“Local controversy” exception.
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In Williams v. Homeland Insurance, the Court affirmed the denial of a motion to remand, concluding that the “local controversy” exception to CAFA jurisdiction was satisfied. The opinion reminds that “[t]he parties moving for remand bear the burden of proof that they fall within an exception to CAFA jurisdiction.” 657 F.3d 287 (5th Cir. 2011).
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The Court found CAFA jurisdiction in Opelousas General Hospital v. FairPay Solutions, 655 F.3d 358 (5th Cir. 2011). The plaintiff sued a medical bill review company and two of its clients, alleging that discounts violated Louisiana workers compensation laws. All class members were from Louisiana and one of the clients was based there, so the question addressed was whether the conduct of that defendant was a “significant basis of all the claims asserted.”
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The exception was discussed incidentally in Horn v. State Farm Lloyds, No. 12-40410 (Dec. 21, 2012), in which the parties agreeed: “State Farm agrees not to remove any Hurricane Ike cases filed by your firm to Federal Court.” Roughly a year later, the firm filed a 100,000-member class action against State Farm, who removed the case.