2 Cos. Tell 9th Circ. Max Damages Count For CAFA Removal

Law360, Los Angeles (December 8, 2014, 10:36 PM EST) -- A Cox Enterprises Inc. subsidiary and Bath & Body Works LLC separately urged the Ninth Circuit on Monday to rule that companies can use the maximum amount of violations calculable under employment class action pleadings to reach the Class Action Fairness Act’s $5 million minimum for removal to federal court.

At Monday’s oral arguments in Pasadena, California, a three-judge panel heard three consecutive appeals from employers seeking to reverse trial court orders remanding a putative employment class action back to state court for failure to meet CAFA’s $5 million jurisdictional minimum. The first two appellants, retailer Bath & Body Works and...

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