11-8009 Blomberg v. Service Corporation International

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Civil Procedure
CAFA

Once the proponent of federal jurisdiction in a class action has explained plausibly how the stakes exceed $5,000,000, the case belongs in federal court unless it is legally impossible for the plaintiff to recover that much.

“Although there certainly is more that SCI could have done, such as offering a better comparison of the plaintiffs’ claims and potential recovery under Virginia law with Illinois law, estimating the amount of overtime and liquidated damages sought by the plaintiffs, or estimating the attorneys’ fees and punitive damages recoverable in unpaid wage cases, see Oshana, 472 F.3d at 512, we are satisfied that SCI provided plausible, good-faith estimates demonstrating how the stakes exceed $5,000,000. Spivey, 528 F.3d at 986, citing Bell Atlantic, 550 U.S. 544. The plaintiffs did not attempt to demonstrate that it was legally impossible for them to recover that amount.”

Reversed and Remanded.

11-8009 Blomberg v. Service Corporation International

Petition for Permission to Appeal from the United States District Court for the Northern District of Illinois, Coleman, J., Wood, J.

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