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Takeaway:  Class defendants prefer federal court.  In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court, and any such analysis typically involves whether the case satisfies the $5 million jurisdictional threshold of the Class Action Fairness Act (CAFA).  While CAFA largely has eliminated the judicial anti-removal bias that prevailed prior to its enactment, district courts are still tempted – sometimes as [...]

The United States Court of Appeals for the Ninth Circuit recently affirmed a District Court's dismissal of a lender's claim, holding that the Nevada statute allowing for the HOA sale of a property that extinguished the lender's deed of trust did not violate the Takings or Due Process Clauses.  See Wells Fargo Bank, N.A. v. Mahogany Meadows Ave. Tr., 2020 WL 6498000 (9th Cir. Nov. 5, 2020).   In 2008, the borrowers purchased a home with a loan [...]

In Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit (the "Court") found a series of errors in an order entered by the Southern District of Florida approving the settlement of a class action alleging violations of the Telephone Consumer Protection Act. Significantly, the Court invalidated the use of incentive awards for named plaintiffs as inconsistent with the Federal Rules. The significant aspects of the Court's ruling are as follows: [...]