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ARCHIVES: December 2014

Supreme Court Strengthens Federal Class Action Jurisdiction

Supreme Court strengthens federal class action jurisdiction

In a 5-to-4 opinion released on December 15, 2014, the U.S. Supreme Court eased the process by which civil defendants may remove state court class actions to federal court under the Class Action Fairness Act (“CAFA”). The case, Dart Cherokee Basin Operating Co., LLC v. Owens, addressed the burden of proof a removing party bears when asserting a class action’s potential value exceeds $5 million–the minimum amount necessary to invoke federal jurisdiction under CAFA. The Court held that a removing party need only assert “a plausible allegation” of the amount in controversy and need not assert any evidence of the case’s value unless CAFA jurisdiction is later challenged.

(Click here for a full article from The National Law Review)

The Class Action Fairness Act was enacted in 2005 and largely eliminated state court jurisdiction over putative class actions involving over 100 individuals at a value of $5 million or more. CAFA’s passage required both plaintiffs and attorneys seeking possible class relief to become intimately familiar with the oftentimes strenuous procedures of federal litigation. The Supreme Court’s ruling in this case only underscores this necessity.

The litigation team at Chappell Smith and Arden, P.A. possesses substantial experience litigating individual, complex, and class actions in federal court. Attorneys Mark Chappell, Hugh McAngus, Jr., and Graham Newman have all been certified as “Class Counsel” by the South Carolina federal district court and have experience litigating complex and class actions before the United States District Court, Fourth Circuit Court of Appeals, and United States Supreme Court.

 

McAngus to Speak at 37th Annual Auto Torts Convention

McAngus to Speak at 37th Annual Auto Torts Convention

CSA Law attorney, Hugh McAngus, Jr. , today will speak to several hundred attorneys at the 37th annual Auto Torts Convention at the Ritz Carlton Hotel in Atlanta, Georgia. The title of McAngus’s presentation is “First Impressions Aren’t Always What They Seem: Overcoming an Adverse MAIT Report.” The talk will focus on the careful analysis of accident reconstruction forensics in catastrophic automobile and trucking wreck cases.

McAngus is the leader of CSA Law’s trucking litigation section. He has been practicing law since 2006 and has successfully resolved numerous catastrophic cases involving automobile and tractor trailer wrecks.

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McAngus Secures $12 Million Premises Liability Verdict

McAngus Secures $12 Million Premises Liability Verdict

CSA Law attorney, Hugh McAngus, Jr., has secured a $12 million premises liability verdict on behalf of his client in the Horry County Court of Common Pleas.

The case, Richard Campbell v. The Dog House Bar & Grill, et al., focused upon a Myrtle Beach bar in a high crime area that failed to provide security for its customers despite a history of criminal acts on the premises. A fight erupted within the bar and bar employees, rather than protecting their patrons, simply forced the fracas outside where the Plaintiff was subsequently shot and paralyzed from the chest down.

McAngus has been practicing law for eight years and is one of the leading young plaintiff’s attorneys in the State of South Carolina.

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