Sixth Circuit Rules that the Class Action Fairness Act Means What it Says

A statute, distilled to its essence, is thought conveyed through words.  And when those words are understandable and coherently arranged, there’s nothing for courts to do when adjudicating disputes involving them, other than to apply them as written.

Simple, isn’t it?

In theory, yes.  But theories don’t wear judge’s robes. Continue reading “Sixth Circuit Rules that the Class Action Fairness Act Means What it Says”

A Heartfelt Class Action

Few class actions tug at the heart, but Blevins v. Aksut does.

Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor Aksut would falsely tell a patient that the patient needed heart surgery” and then perform the unnecessary procedure and bill the patient.  Also sued were the clinics where the procedures took place. Continue reading “A Heartfelt Class Action”

Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception

On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court.  Because the plaintiffs’ proposed class contained more than two-thirds Michigan citizens, a local defendant, and injuries limited to those arising from Flint’s water system, the case was “truly local in nature” and thus belonged in state court. Continue reading “Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception”