Duane Morris Class Action Review - 2023 - Report - Page 126
conclude the cases were removable under the CAFA” as UPS’s own records permitted
to UPS to calculate the amount-in-controversy. Id. Accordingly, UPS’s removal into over
thirty-days later was, the district court decided, untimely. Id.
The Third Circuit vacated the district court’s remand order, holding the amounts-incontroversy contained in the operative complaints did not provide a clear statement of
the damages sought nor sufficient facts from which UPS could have calculate the
amount. Id. at *237. The Third Circuit clarified that the defendant’s time for removal is
triggered by what that defendant can ascertain from the four corners of the complaint,
not what knowledge a state court defendant possesses. Id. at *238. It held the 28
U.S.C. § 1446 “does not contemplate that the thirty-day clock would be triggered by
information that the defendant already possesses or knows from its own records.” Id.
Accordingly, the Third Circuit found that UPS’s removal was not untimely and vacated
the district court’s ruling. Id. at 241.
III.
Top Consumer Fraud Class Action Settlements In 2022
In 2022, the top ten consumer fraud settlements totaled $8.596 billion. The Sweet class
action settlement exceeded all others at $6 billion.
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Duane Morris Class Action Review – 2023
