Doctrinal Sticks
In TransUnion LLC v. Ramirez, SCOTUS tightened the requirements for this subject matter jurisdiction doctrine.
Standing
In a diversity case where CAFA doesn't apply, this rule limits certain defendants from removing cases from state court.
Forum Defendant Rule
Warren Buffet might recommend index funds as investments because they do this.
Diversify Your Risk
In Daubert v. Merrell Dow; General Electric Co. v. Joiner; and Kumho Tire Co. v. Carmichael, the Supreme Court made it more difficult for plaintiffs to ____ in federal courts.
Qualify their Experts
No Article III standing, no removal-- because federal courts are courts of _____ and standing is required for ______.
No Article III standing, no removal-- because federal courts are courts of limited jurisdiction and standing is required for subject matter jurisdiction.
99 plaintiffs, $400 total to file--tolling in state court is ___.
Cost Effective
The empire struck back against federal class actions in these three Supreme Court cases.
* Will also accept a 7th Circuit Case
Amchem Products, Inc. v. Windsor
Wal-Mart Stores, Inc. v. Dukes
AT&T Mobility LLC v. Concepcion
**In Re Rhone-Poulenc Rorer
In Illinois, BIPA is a good example.
New, Plaintiff Friendly, State Causes of Action
In Anderson v. Bayer Corp., 610 F.3d 390 (7th Cir. 2010), the Court says 99 plaintiffs can remain in state court because ______.
The Plaintiff is the Master of their Own Complaint
Facesheets may serve this purpose in federal MDLs, but it's tougher in state courts.
Screening out Frivilous Claims
FRCP 23(e) calls on Federal Courts to ____.
And in Pearson v. Target; Douglas v. The Western Union; and In re Subway Footlong Sandwich Marketing, the 7th Circuit told parties that they would.
Scrutinize Settlements and Attorney's Fees in Class Actions
It's easier to do when your state judicial circuit has a small population.
Jury Shop
In Mississippi ex rel. Hood v. AU Optronics Corp, the Supreme Court found these actions not to be "mass actions" and therefore not removable under CAFA.
State AG Suits in Parens Patriae
Filing in state court greatly increases a plaintiff's attorney's chances of ______.
Going to trial and winning a judgment.
Home Depot U.S.A., Inc. v. Jackson protected this type of party from removal.
A civil action defendant, who makes a counterclaim against a third-party.