WOODS v. STANDARD INS. CO.

No. 13-2160.

771 F.3d 1257 (2014)

Brett F. WOODS and Kathleen Valdes, for themselves and all others similarly situated, Plaintiffs-Appellees, v. STANDARD INSURANCE COMPANY, an Oregon insurance company; Martha Quintana, a New Mexico resident, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 10, 2014.


Attorney(s) appearing for the Case

Jill B. Davenport ( Keith R. Verges with her on the briefs), Figari & Davenport, L.L.P., Dallas, TX, for the Appellants.

Elizabeth Radosevich , Peifer, Hanson & Mullins, P.A., Albuquerque, New Mexico ( Robert E. Hanson and Matthew E. Jackson , Peifer, Hanson & Mullins, P.A., and William H. Carpenter , William H. Carpenter Law Office, Ltd., Albuquerque, New Mexico, with her on the briefs) for the Appellees.

Before BACHARACH, McKAY, and McHUGH, Circuit Judges.


McHUGH, Circuit Judge.

This appeal requires us to evaluate whether remand to the state court pursuant to the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions: the state action provision, which excludes from federal jurisdiction cases in which the primary defendants are states; or the local controversy exception, which requires federal courts to decline jurisdiction where, among other things, there is a local defendant whose alleged...

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