Defendants Can Estimate Damages Under CAFA: 10th Circ.

Law360, New York (June 28, 2012, 6:40 PM EDT) -- Defendants seeking to remove lawsuits to federal court under the Class Action Fairness Act are entitled to present their own damage estimates, the Tenth Circuit ruled Thursday, overturning a lower court’s remand of a consumer complaint against an insurer to state court based on a plaintiff’s damage claim.

Under CAFA, Hartford Underwriters Insurance Co. had sought to remove to federal court a putative class action first lodged against it in Colorado state court by a policyholder in March 2011. CAFA allows complaints filed in state court...
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