Focusing on two recent decisions from the Second and Third Circuits, this post looks to what happens to federal court jurisdiction under CAFA once class certification is no longer an option.
7th Circuit (Posner) Examines CAFA Amount in Controversy in Light of Knowles & Rooker-Feldman Doctrine
This week we look at the Seventh Circuit (Posner) decision in Johnson v. Pushpin Holdings, LLC that examined whether a named plaintiff in a class action could stipulate to limit damages recovery to below the $5 million threshold requirement for federal jurisdiction under the Class Action Fairness Act (CAFA). The case also, briefly, stepped into the realm of examining the Rooker-Feldman doctrine that bars review of a state court decision by a federal court other than the Supreme Court and how that might apply to removal under the CAFA.
7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA
This week’s discussion focuses on a decision out of the Seventh Circuit by noted jurist Hon. Richard Posner that examines the impact of the magnitude of a defendant’s liability on the determination of whether to exercise Rule 23(f) to permit an interlocutory appeal of class certification. The case also discusses numerous novel issues of the Telephone Consumer Protection Act (TCPA).