U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number



Case Updates

Petition for rehearing en banc granted

February 10, 2014

U.S. Chamber asks Ninth Circuit to rehear decision that permitted a CAFA loophole

October 19, 2013

The U.S. Chamber urged the Ninth Circuit to rehear en banc a 2-1 decision that rejected Class Action Fairness Act (CAFA) jurisdiction because the case allegedly didn't meet CAFA's removal requirements. In this case, plaintiffs sought coordinated proceedings in state court for multiple, virtually identical class actions. The Ninth Circuit ruled that because the number of plaintiffs in each of the theoretically separate actions fell just shy of the CAFA threshold, the case must be remanded for lack of CAFA jurisdiction. The Chamber's brief argued that the Ninth Circuit's decision favors form over substance, and if left intact, would undermine CAFA. Further, the Ninth Circuit panel's ruling cannot be reconciled with the U.S. Supreme Court's recent ruling on CAFA jurisdiction, Standard Fire Insurance v. Knowles, where the Court shut down another CAFA loophole.


September 24, 2013

Click here to view the Ninth Circuit panel decision.

U.S. Chamber files amicus brief addressing CAFA loophole

August 12, 2013

Click here to view the Chamber's brief.

Decided by Ninth Circuit panel 9/24/13.

Petition for rehearing en banc filed 10/8/13.

Petition for rehearing en banc granted 2/10/14.

Case Documents