In Mason v. Lockwood, Andrews & Neuman, a split panel of the Sixth Circuit affirmed a district court’s decision to remand a class action to state court under the “local controversy” exception to the Class Action Fairness Act. CAFA requires a court to “decline” jurisdiction over a class action that otherwise qualifies for federal court … Continue Reading
On Wednesday, the Sixth Circuit decided two issues of first impression, both of which related to the Class Action Fairness Act (“CAFA”). Graiser v. Visionworks of America, Inc., the plaintiff alleged that the company’s “buy one get one free” advertisement was misleading. The plaintiff waited until six months after its complaint to tell the defendant … Continue Reading
The Sixth Circuit yesterday answered this question, holding that under the Class Action Fairness Act of 2005 (“CAFA”), a third-party defendant is not a “defendant” permitted to remove an underlying state court action to federal court. In re Mortgage Electronic Registration Systems, Case No. 12-501 (PDF). In reaching this conclusion, the Court joined the Fourth, Seventh … Continue Reading
