Plaintiff Can’t Avoid CAFA Removal by Stipulating to Damages Cap
1 min read
Mar 27, 2013
A stipulation by a class-action plaintiff that he and the class will seek damages that are less than the threshold for jurisdiction under the Class Action Fairness Act of 2005 (CAFA) does not defeat federal jurisdiction under the Act.
On March 19 the U.S. Supreme Court resolved a split of authority among federal circuit courts regarding whether a plaintiff in state court can prevent removal by signing a stipulation at the beginning of the case, stating that the class won’t seek damages in excess of $5 million. Several circuits said a plaintiff could avoid removal in this manner. Other circuits denied this practice because a named plaintiff cannot bind absent class members without certification. The unanimous decision eliminates a forum shopping tool used by plaintiff’s class action lawyers to avoid federal court.
This is not an employment case. However, many press reports confirm that wage and hour class actions post one of the greatest financial threats to employers. This decision will benefit potential class action defendant employers by allowing a federal forum for the action. Class plaintiffs generally prefer state courts, so they often try to defeat federal jurisdiction — as the plaintiff, Knowles, tried in this case.
For more information read Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S. Sup. Ct., Mar. 19, 2013).
Topics
Featured Insights

Event
September 27–29, 2026
Hinshaw Partners Discuss Key Compliance and Litigation Issues at the 2026 MBA Conference

Press Release
Sep 24, 2026
Hinshaw Recognized as a 2027 “Powerhouse in Litigation” by BTI Consulting

Press Release
Sep 22, 2026
Vaishali Rao Selected as a Global 2026 INvolve Heroes Role Model

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 23, 2026
Another Court Finds the TCPA Does Not Apply to Texts —Time for Supreme Court Intervention?

Press Release
Sep 22, 2026
Min Kang Appointed to the Washington State Bar Association Board of Governors

In The News
Sep 22, 2026
Spencer Kook Analyzes California's Liability Influence in the National Insurance Market

In The News
Sep 21, 2026
Marisa Roman Cautions Clickwrap Agreements Are Not Enough to Let Companies Off “Scot-Free”

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty




