The U.S. District Court of Kansas has held that reference to factual allegations or evidence outside of the complaint and notice of removal is not permitted to determine the amount in controversy.

While remanding the action to the state court, a District Court in New Jersey held that the amount in controversy is not measured by the low end of an open-ended claim, but rather by a reasonable reading of the value of the rights being litigated.

While concluding that it had subject matter jurisdiction over the plaintiff’s CLRA class action, a District Court in California held that under CLRA, a plaintiff cannot sue as an attorney general on behalf of the California people.

The world of decentralized finance, blockchains, virtual and cryptocurrency has grown exponentially in recent years. Many financial institutions are looking to enter or expand their operations...

Nevada AG’s parens patriae suit fell 99 persons short of a 100 person "mass action" under CAFA and was remanded back to state court.

A Court held that only 25% of the total potential California Labor Code Private Attorney General Act recovery may be included in calculating the amount in controversy.

Kentucky and Virginia have passed legislation relating to student loan servicers. In Kentucky, a new student loan servicing law creates new licensing and compliance requirements.

In this appeal, the Eighth Appellate District affirmed the trial court's decision, agreeing that Ohio's Uniform Trade Secret Act broadly preempts not only causes of action for misappropriation of trade secrets but also causes of...

McGlinchey's Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

In this appeal, the First Appellate District reversed the trial court's decision to grant the plaintiff's motion for summary judgment finding an issue of fact existed as to whether...

Disputes between contractors, subcontractors, and/or owners are relatively common in the construction industry. Although you should not appear over-eager in rushing into a settlement to avoid the time...

Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal

The Northern District of Florida determined whether the Supreme Court rendered invalid the District Court’s decision in Lowdermilk v. U.S. Bank National Association.

While remanding this action to state court, a District Court in Missouri held that a defendant cannot consolidate several smaller state court actions into one ‘mass action,’ when plaintiff chose to structure her claims and remain outside of CAFA’s grant of jurisdiction.

In this appeal, the Twelfth Appellate District affirmed the trial court's decision, agreeing that as the remaining sale proceeds did not satisfy the lienholder's full award...

At the White House last Friday, Vice President Kamala Harris spoke at a meeting with people who received pardons from President Joe Biden for marijuana-related offenses.

In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise.

In this case the Eleventh Appellate District affirmed in part and reversed in part a trial court's decision granting judgment to a Home Owner's Association on its complaint for damages.

For many in the insurance industry, 2022 was a year of growth, a year dedicated to gaining traction after the residual effects of 2020. As we enter 2023,

Regardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident.