As you may recall, the NDTPA authorizes the state attorney general to file a lawsuit in the state's name for deceptive trade practices. Nev. Rev. Stat. § 598.0963(3). In addition, CAFA provides for the removal of "class actions" and "mass actions" involving claims that meet certain jurisdictional requirements related to numerosity of claimants, minimal diversity, and amount in controversy. 28 U.S.C. § 1332(d). CAFA defines "mass action" in part as an action involving "monetary relief claims of 100 or more persons . . . proposed to be tried jointly" due to the presence of common questions of law or fact. CAFA's definition of "mass action," however, excludes civil actions in which all the claims arise from a single event or occurrence. See 28 U.S.C. § 1332(d)(11)(B)(ii)(I).
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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Chicago, Illinois 60602
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