Two days ago, the U.S. Supreme Court issued its opinion in The Standard Fire Insurance Company v. Knowles, No. 11-1450 (slip opinion), which involves the Class Action Fairness Act of 2005 (CAFA). In a unanimous opinion authored by Justice Breyer, the Court overturned the district court’s decision remanding a putative class action to state court. The Court held that a stipulation filed by the named plaintiff together with the complaint, concerning the amount in controversy under CAFA, must be ignored. The Court explained, among other things, that the named plaintiff had no right to bind the absent members of the proposed class at the time suit was filed, and jurisdiction must be determined as of the time of filing. I will not analyze the decision in detail here because I am one of the lawyers representing Standard Fire in this case.
SPECIAL DISCLAIMER: Because I am counsel for Standard Fire in this case, while I intend this blog to serve as an informational resource on insurance class actions and not advertising for my services as a lawyer, because I’m writing here about one of my own cases someone might think it is advertising. Please understand that every case is different and the result achieved in the case described above may differ from the result in some other case, which may involve different facts, different applicable law or a different jurisdiction. Past results do not guarantee future results, and you should always consult your own lawyer about your own case.