Category Archives: Class Action

SCOTUS Holds Unaccepted Rule 68 Offer of Judgment Does Not Moot Class Claims

In Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016), the Supreme Court addressed the question of whether the failure of the named Plaintiff in a putative class action to accept a Rule 68 offer of judgment satisfying all of his alleged damages serves to moot the putative class litigation. In a 6-3 split, the … Read More »

Duncan & Sevin Attorneys Successfully Remove Chemical Release Class Action to Federal Court

Duncan & Sevin attorneys Chip Duncan and Tripp DuBose were recently successful in establishing federal subject matter jurisdiction in a class action removed from Louisiana state court. In Rowell, et al v. Shell Chemical, L.P., et al, No. 14-2392, 2015 WL 7306435 (E.D.La. Nov. 18, 2015) a class action suit was filed on behalf of … Read More »

Ninth Circuit CAFA Removal Decision Causes Headaches for Plaintiffs in Darvon Litigation

In Corber v. Xanodyne Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit struck a blow against a tactic that has become common among Plaintiffs in pharmaceutical and medical device litigation. No. 13-56306, 2014 WL 6436154 (9th Cir. Nov. 18, 2014). The Corber Plaintiffs filed suit alleging injuries caused by the ingestion of … Read More »

Supreme Court clarifies removal under Class Action Fairness Act: Plausible allegations of amount in controversy enough

What showing must a defendant first make upon removing a case to federal court under the Class Action Fairness Act (CAFA)? Does a “short, plain statement” plausibly alleging the amount in controversy suffice, or is the removing defendant required to produce evidence with the notice of removal to meet its burden? In Dart Cherokee Basin … Read More »