United States First Circuit

In this case involving the removal time periods and mechanisms of the Class Action Fairness Act (CAFA), the district court granted the plaintiffs' motion to remand a putative class action for wage and hour violations. The remand order is reversed, where: 1) defendant's second notice of removal was timely under 28 U.S.C. section 1446(b)(3); 2) under CAFA, federal courts have jurisdiction over a class action if the amount in controversy exceeds $5 million; 3) defendant sufficiently demonstrated that the amount in controversy exceeds $5 million; and 4) the time limits in section 1446(b) apply when the plaintiffs' pleadings or the plaintiffs' other papers provide the defendant with a clear statement of the damages sought or with sufficient facts from which damages can be readily calculated.

Appellate Information

• Decided 10/24/2014
• Published 10/24/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel