Daniel Villalpando sued three companies–Exel Direct, Inc., Deutsche Post DHL, and DHL Express (USA), Inc.—in California state court for underpaying him and drivers like him by misclassifying them as independent contractors. The defendants removed the case to the Northern District of California under the auspices of the Class Action Fairness Act. Mr. Villalpando moved to remand the case, citing the home state exception (which keeps cases where two thirds of the class members and the primary defendants are from the same state in state court) and the local controversy exception (which allows remand where the nature of the controversy … Continue Reading

 Sometimes, the most interesting cases, from both a strategic and an equities standpoint, are hidden in the weeds of a statute. For example, take the lengthily named case Graphic Communications Local 1B Health & Welfare Fund "A" v. CVS Caremark Corp., 636 F.3d 971 (2011).

In Graphic Communications, the plaintiffs originally sued the defendants in Minnesota state court, alleging a number of claims related to the pricing of generic drugs. (Exciting already, no?) The defendants removed the case under CAFA, and moved to dismiss. The court granted the motion without prejudice. So the plaintiffs filed an amended complaint … Continue Reading