removal; Ninth Circuit

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Co-authored by Sheryl Skibbe and Simon L. Yang

Private Attorney General Actions (PAGA) brought by individuals as representative actions on behalf of the State of California and other aggrieved employees are not sufficiently similar to federal Rule 23 class actions to support federal jurisdiction under the Class Action Fairness Act (CAFA).  But is there still a way into federal court?
Continue Reading PAGA PENALTIES FAIL TO ADD UP FOR FEDERAL JURISDICTION

Ninth Circuit.jpgAuthored by Catherine Dacre

In a case of first impression, the 9th Circuit held last week in Roth v. CHA Hollywood Medical Center (here) that removal of a state court case to federal court may be triggered by defendant’s own investigation of the facts supporting removal.  Previously, the window for removal has been narrowly construed, with federal court…

Continue Reading Removing Impediments to Removal – The 9th Circuit Opens the Window