United States Ninth Circuit

In a class action brought against a former employer, the district court's denial of plaintiff's motion to remand the matter to the Superior Court of California, after defendant's removed it to federal court pursuant to the provisions of the Class Action Fairness Act of 2005 (CAFA), is reversed where: 1) when a plaintiff files an action containing class claims as well as non-class claims, and the class claims do not meet the CAFA amount-in-controversy requirement while the non-class claims, standing alone, do not meet diversity of citizenship jurisdiction requirements, the amount involved in the non-class claims cannot be used to satisfy the CAFA jurisdictional amount; and 2) the CAFA diversity provisions cannot be invoked to give the district court jurisdiction over the non-class claims.

Appellate Information

• Decided 07/30/2015
• Published 07/30/2015

Judges

• Fernandez

Court

• United States Ninth Circuit

Counsel