CAFA CASES - BY JURISDICTION - FEDERAL - 5TH CIRCUIT


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APPELLATE COURT DECISIONS


Title: Patterson v. Dean Morris, L.L.P.

Cite:  No. 06-30215, 2006 WL 1156388 (5th Cir. May 3, 2006)

Date: May 3, 2006

Court: 5th Circuit Court of Appeals

Subject: CAFA – Appeals

Summary:  5th Circuit affirms remand, holds that CAFA doesn’t mandate appellate court review of otherwise non-reviewable, non-CAFA remand orders.


Title: Braud v. Transport Service Co. of Illinois

Cite:  445 F.3d 801 (5th Cir. 2006)

Date: April 6, 2006

Court: 5th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  5th Circuit reverses district court remand order, holds that amended complaint which added a new defendant commenced a new suit for CAFA purposes.


Title: Wallace v. Louisiana Citizens Property Ins. Corp.

Cite:  444 F.3d 697 (5th Cir. 2006)

Date: March 31, 2006

Court: 5th Circuit Court of Appeals

Subject: CAFA – Appeals

Summary:  5th Circuit holds that appellate court authority under CAFA to review district court remand decisions extends only to cases brought or removed under CAFA.


Title: Patterson v. Dean Morris, L.L.P.

Cite:  444 F.3d 365 (5th Cir. 2006)

Date: March 22, 2006

Court: 5th Circuit Court of Appeals

Subject: CAFA – Appeals

Summary:  5th Circuit holds that CAFA’s deadline for appealing remand orders is triggered by order granting leave to appeal.




DISTRICT COURT DECISIONS


Title: Wallace v. Louisiana Citizens Property Ins. Corp.

Cite:  No. Civ.A. 06-0114, 2006 WL 851401 (E.D. La. Mar. 16, 2006)

Date: March 16, 2006

Court: Eastern District of Louisiana (5th Circuit)

Subject: CAFA – Appeals

Summary:  In case removed under MMTJA, not CAFA, Louisiana district court denies motion to stay remand order while appeal of that order is pending.


Title: Wallace v. Louisiana Citizens Property Ins. Corp.

Cite:  No. Civ.A. 06-0114, 2006 WL 380757 (E.D. La. Feb. 15, 2006)

Date: February 15, 2006

Court: Eastern District of Louisiana (5th Circuit)

Subject: CAFA – Burden of Proof

Summary:  Louisiana district court remands, holding that the removing party bears the burden of proving subject-matter jurisdiction under CAFA.


Title: Werner v. KPMG LLP

Cite:  415 F.Supp.2d 688 (S.D. Tex. 2006)

Date: February 7, 2006

Court: Southern District of Texas (5th Circuit)

Subject: CAFA – Commencement

Summary:  Texas district court remands, holding CAFA inapplicable because action commenced when defendant filed pre-CAFA cross-claim against plaintiffs.


Title: Patterson v. Morris

Cite:  337 B.R. 82 (E.D. La. 2006)

Date: January 25, 2006

Court: Eastern District of Louisiana (5th Circuit)

Subject: CAFA – Commencement

Summary:  The Eastern District of Louisiana remands, holding that CAFA doesn’t apply when plaintiffs file complaint and pay fees pre-CAFA and must pay additional fees post-CAFA due to a mistake by the court clerk’s office.


Title: Trevino v. Credit Collection Services

Cite:  2005 WL 1607500 (S.D. Tex. July 6, 2005)

Date: July 06, 2005

Court: Southern District of Texas (5th Circuit)

Subject: CAFA – Commencement

Summary: As a preliminary matter to an amount in controversy decision, the Southern District of Texas notes that the effective date of CAFA is February 18, 2005.


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