Legal Opinion
Avraham Gold v. New York Life Insurance Co.
Court of Appeals for the Second Circuit
Decided September 18, 2013No. Docket 12-2344-cvPublishedCited by 81 opinions
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
Plaintiff-Appellant Avraham Gold appeals from a judgment of the United States District Court for the Southern District of New York (Pauley, J.) dismissing his complaint based on the so-called “home state exception” to federal jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. §§ 1332(d), 1453, 1711-15. The home state exception requires district courts to “decline to exercise” jurisdiction over class actions in which two-thirds or more of the class, and the primary defendants, are citizens of the state in which the action was filed. 28…
2Cases cited19 opinions
- Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
- West v. Goodyear Tire & Rubber Co.Court of Appeals for the Second Circuit · 1999
- Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating DistrictCourt of Appeals for the Second Circuit · 2012
14 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Carla Visendi v. Bank of America, N.A.Court of Appeals for the Ninth Circuit · 2013
- Gamero v. Koodo Sushi Corp.District Court, S.D. New York · 2017
- Inclan v. New York Hospitality Group, Inc.District Court, S.D. New York · 2015
- Jennifer Mason v. Lockwood, Andrews & NewnamCourt of Appeals for the Sixth Circuit · 2016
- Flood v. Just Energy Mktg. Corp.Court of Appeals for the Second Circuit · 2018
76 more not listed; retrieve them via the Exa API.