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Title: Prime Care of Northeast KS, LLC v. Humana Ins. Co.

Cite:  No. 06-3024, 2006 WL 1305229 (10th Cir. May 12, 2006)

Date: May 12, 2006

Court: 10th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  10th Circuit holds that post-CAFA amendments affect commencement date only if they don’t relate back.


Title: Seat v. Farmers Group, Inc.

Cite:  No. CIV-06-0309-F., 2006 WL 1285084 (W.D. Okla. May 5, 2006)

Date: May 5, 2006

Court: Western District of Oklahoma (10th Circuit)

Subject: CAFA – Burden of Proof, Exceptions

Summary:  Oklahoma district court denies remand, holds that a party seeking remand under the “local controversies” or “defendant’s home state” exception bears the burden of proving the exception.

Title: Cuesta v. Ford Motor Co., Inc.

Cite:  No. CIV-06-61-S, 2006 WL 1207608 (E.D. Okla. May 1, 2006)

Date: May 1, 2006

Court: Eastern District of Oklahoma (10th Circuit)

Subject: CAFA – Commencement

Summary:  Oklahoma district court remands, finds that post-CAFA amended petition relates back to original pre-CAFA complaint despite naming new class members and seeking additional damages.

Title: Plummer v. Farmers Group, Inc.

Cite: 388 F.Supp.2d 1310 (E.D. Okla. 2005)

Date: September 15, 2005

Court: Eastern District of Oklahoma (10th Circuit)

Subject: CAFA – Burden of Proof, Commencement

Summary: The Eastern District of Oklahoma holds that amending a complaint to add class claims commences a new suit; The Eastern District of Oklahoma holds that the burden of proving federal jurisdiction rests with the removing party.

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William_b_rubenstein_2 This site provides attorneys, judges, law professors and students with a comprehensive resource on class action law. The editor is William B. Rubenstein, Professor of Law at Harvard Law School. Professor Rubenstein's work emphasizes class action law: he has published, litigated, and served as an expert witness in the field and he regularly provides consulting services to attorneys involved in complex procedural matters. More..


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