Akin Gump litigation partner Susan Leader, labor and employment counsel Jonathan Slowik and litigation associate Shelly Kim have written the article "9th Circuit ensuring federal courts remain open for class action defendants," which was published by Daily Journal. The article looks at recent decisions by the U.S. Court of Appeals for the 9th Circuit that make it easier for defendants to remove cases under the Class Action Fairness Act (CAFA) and have them stay in federal court.
The authors note that the 9th Circuit has historically "approached removal to federal court under CAFA with skepticism." Recent U.S. Supreme Court precedent, however, overrules "much of the 9th Circuit's prior precedents that established roadblocks to CAFA removal." Two particular cases bear that out.
The article states that the two 9th Circuit decisions in question, "demonstrate a renewed commitment to eliminating any vestiges of the court's prior skepticism toward CAFA removal." As a result, the authors suggest that any class action defendants considering removal to federal court under CAFA "should scrutinize the complaint for reasonable, common-sense facts that can be alleged on information and belief, or for language that is consistent with conservative assumptions that would tend to show that jurisdictional elements, like the amount in controversy, are satisfied."