Category Archives J. Robinson

To remove a case under CAFA, we all know that a defendant must establish that the amount in controversy exceeds $5 million exclusive of interest and costs (plus there must be minimal diversity and at least 100 putative class members). What are some other tips for preparing the notice of removal under CAFA in the District of Kansas? Develop the necessary jurisdictional facts.  There are several methods for developing the factual allegations to include in the notice of removal, including: by contentions, interrogatories, or admissions obtained in state court prior to removal by calculation from the allegations in plaintiff's complaint by reference to plaintiff's informal estimates or settlement demands by introducing affidavits about how much it would cost to satisfy plaintiff's demands See Frederick v. Hartford Underwriters Ins. Co., 683 F. 3d 1242, 1247 (10th Cir. 2012). Put them in the notice of removal. The District of Kansas recently held that…

In Hull v. Viega, Inc., 2013 WL 759376 (D. Kan., Feb. 27, 2013), Judge Robinson found herself addressing more questions than she was able to answer. One question she did answer was the timeliness of the Defendants' Motion to Strike the class allegations. This putative class action asserted claims on behalf of owners of homes and buildings with Defendants' brass fittings, and those who had paid for repairs or damages caused by these allegedly defective brass fittings, seeking damages under various states' deceptive trade practices acts, as well as under various common law claims. Defendants raised twenty questions in their Motion to Dismiss, which the Court described as a "scorched earth approach" that was both "multi-layered" and "dismissive" in that it required the Court to independently research various nuances of Nevada law. Defendants' Reply also incorporated rulings and raised new issues from a recent order in parallel action pending in…

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