Polo v. Innoventions Int’l

Plaintiff filed suit in state court against Innoventions, alleging several causes of action, including four class claims. The gravamen of her complaint was that Innoventions had marketed a product called DiabeStevia with “grossly misleading and exaggerated claims” concerning its use and effectiveness. Innoventions removed the case to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4. The district court subsequently dismissed the case. The court held that the rule that a removed case in which the plaintiff lacks Article III standing must be remanded to state court under 28 U.S.C. 1447(c) applies as well to a case removed pursuant to CAFA as to any other type of removed case. The court rejected Innoventions' three arguments to the contrary. Finally, the court could not say with “absolute certainty” that remand would be futile. Therefore, the district court should have remanded this case to state court pursuant to section 1447(c). The court reversed and remanded. View "Polo v. Innoventions Int'l" on Justia Law