9th Circuit: CAFA Jurisdiction Remains After Class Certification Denied

Mealey's (November 5, 2020, 7:44 AM EST) -- PASADENA, Calif. — A trial court erred when it remanded sua sponte an employee’s individual claims in a wage-and-hour lawsuit against a shoe and clothing company after denying the employee’s class certification motion because the denial does not defeat the court’s jurisdiction under the Class Action Fairness Act (CAFA), a Ninth Circuit U.S. Court of Appeals panel ruled Oct. 19, encouraging the trial court to re-evaluate whether to exercise supplemental jurisdiction over Private Attorneys General Act (PAGA) claims in light of this holding (Bryan Madeira, et al. v. Converse, Inc., No. 20-55958, 9th Cir., 2020 U.S. App. LEXIS 32853)....