No. 22-209

Transamerica Retirement Solutions, LLC v. Gloria A. Addison, et al.

Lower Court: Fifth Circuit
Docketed: 2022-09-08
Status: Denied
Type: Paid
Tags: cafa circuit-split class-action-fairness-act diversity-jurisdiction federal-diversity-jurisdiction federal-jurisdiction local-single-event local-single-event-exception mass-action statutory-interpretation
Key Terms:
ERISA ClassAction Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the phrase 'an event or occurrence' in CAFA's local single event exception means what it says—'a single happening'—as the Ninth Circuit holds, or can it encompass an entire pattern or series of events occurring over a period of years, as the Third, Fifth, and Eleventh Circuits hold

Question Presented (OCR Extract)

QUESTION PRESENTED The Class Action Fairness Act of 2005 (CAFA) expanded federal diversity jurisdiction over large-scale civil lawsuits to “ensur[e] Federal court consideration of interstate cases of national importance.” Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 89 (2014). CAFA provides for federal jurisdiction over most class actions that satisfy minimal diversity and have an amount in controversy greater than $5 million. 28 U.S.C. § 1332(d)(2)-(10). CAFA also mandates that any lawsuit filed by 100 or more plaintiffs involving common questions of law or fact—a “mass action”—be treated the same as a class action for purposes of federal jurisdiction. 28 U.S.C. § 1832(d)(11)(A). A narrow exception exists where all of the claims in the mass action arise from “an event or occurrence” in the state where the lawsuit was filed and all of the alleged injuries occur in that state or contiguous states. 28 U.S.C. § 13832(d)(11)(B)@i). The circuits have repeatedly split over the meaning of this “local single event” exception and the proper interpretation of “an event or occurrence.” The question presented is: Whether the phrase “an event or occurrence” in CAFA’s local single event exception means what it says—‘“a single happening”—as the Ninth Circuit holds, or can it encompass an entire pattern or series of events occurring over a period of years, as the Third, Fifth, and Eleventh Circuits hold.

Docket Entries

2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-30
Reply of petitioner Transamerica Retirement Solutions, LLC filed. (Distributed)
2022-11-10
2022-10-04
Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2022.
2022-10-03
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-09-06
Petition for a writ of certiorari filed. (Response due October 11, 2022)

Attorneys

Gloria A. Addison
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
Transamerica Retirement Solutions, LLC
Markham R. LeventhalCarlton Fields, P.A., Petitioner
Markham R. LeventhalCarlton Fields, P.A., Petitioner