September 08, 2016 Top Story

Circuit Court Adopts Bright-Line Rule for Removal under CAFA

Decision follows trend and seeks to eliminate ambiguity in clock-triggering event

Kristen L. Burge

The U.S. Court of Appeals for the Sixth Circuit joined several circuits in holding the 30-day window runs the moment the defendant receives an unambiguous document establishing the amount in controversy. In so doing, the Sixth Circuit affirmed CAFA does not require a defendant to independently investigate removability. The bright-line rule for the time to remove cases under the Class Action Fairness Act (CAFA) allows litigants to identify the triggering event for timely removal. The clarity now provides an even playing filed for litigants, say observers.

"Buy One, Get One Free," Maybe?

In Graiser v. Visionworks of America, Inc., Graiser sought to buy eyeglasses during a Visionworks' advertised "Buy one, Get One Free" event. Once in the store, Visionworks offered to sell Graiser one pair for $246 or two pairs for $410. Claiming false advertisement and consumer protection violations, Graiser filed a proposed class action complaint in state court. Graiser sought declaratory judgment, injunctive relief, and statutory attorney fees, specifically disclaiming monetary damages.

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