ARTICLE · 05 APRIL 2012

Can't Peek Outside If You Are Not Certain

McGlinchey Stafford

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In this action, a District Court in Nevada held that the estimated class size and estimated recovery of a similar class action cannot be taken into consideration for determining the amount in controversy in absence of real class size or recovery.

United StatesLitigation, Mediation & Arbitration

Article by CAFA Law Blog

Previously published by CAFA Law Blog on 29 March 2012.

Pittman v. Westgate Planet Hollywood Las Vegas, LLC, 2012 WL 254115 (D. Nev. Jan. 27, 2012).

In this action, a District Court in Nevada held that the estimated class size and estimated recovery of a similar class action cannot be taken into consideration for determining the amount in controversy in absence of real class size or recovery.

The plaintiffs, employees of the defendants, brought a putative class action in Nevada state court seeking overtime compensation. The defendants removed the action to the federal district court alleging jurisdiction under CAFA.

The plaintiffs filed the motion to remand arguing that the defendants have failed to satisfy the $5 million amount in controversy requirement of CAFA.

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