No Jurisdiction Under CAFA’s ‘Mass Action’ Provision, Panel Says, Affirms Remand

Mealey's (January 3, 2018, 3:38 PM EST) -- PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Dec. 14  affirmed a lower federal court’s remand of a lawsuit arising from claims over defective water supply lines, finding that 26 insurers, acting as subrogees of 145 insureds, are the only plaintiffs and therefore fail to satisfy the numerosity requirement under the Class Action Fairness Act (CAFA) to retain federal jurisdiction (Liberty Mutual Fire Insurance Company, et al. v. EZ-Flo International, Inc., No. 17-56523, 9th Cir., 2017 U.S. App. LEXIS 25306)....