Settlement Letter Informed Defects Defendants Of Removability, Judge Finds

Mealey's (December 12, 2016, 9:31 AM EST) -- LAS VEGAS — A homeowners association’s July 29, 2016, settlement letter in which it stated that it would take $6.7 million to resolve its allegations over defective air conditioning cooling coils was the first time defendants in the case could ascertain that the damages sought exceeded the Class Action Fairness Act’s (CAFA) $5 million jurisdictional threshold, a federal judge in Nevada ruled Dec. 7 in finding that the defendants’ removal of the suit was timely (The Seasons Homeowners Association Inc. v. Richmond Homes of Nevada Inc., et al., No. 16-CV-1816 JCM, D. Nev.; 2016 U.S. Dist. LEXIS 170243)....