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Expert Analysis

Clearing Up CAFA Post-Removal Amendments At 9th Circ.

By Jaikaran Singh and Andrew Legolvan (June 8, 2017, 11:16 AM EDT) -- In a recent opinion — Broadway Grill Inc. v. Visa Inc., et al., No. 17-15499 — the Ninth Circuit held that a plaintiff may not amend a class action complaint by changing the class definition, after the case has been removed to federal court, to eliminate minimal diversity and defeat federal jurisdiction under the Class Action Fairness Act (CAFA). The court clarified its holding in Benko v. Quality Loan Service Corp.,[1] where the court allowed a plaintiff to make a post-removal amendment to the complaint to clarify allegations against a defendant regarding whether one of CAFA's jurisdictional exceptions applied....

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