Drafting a CAFA notice of removal requires meticulous review of state court documents, manual calculation of removal deadlines, verification of complex jurisdictional requirements, and citation research across multiple legal databases. Attorneys typically spend 5-6 hours extracting case details, confirming CAFA's minimal diversity and amount-in-controversy thresholds, and ensuring compliance with federal procedural rules—all while racing against the 30-day removal deadline.
Drafting a CAFA Notice of Removal requires meticulous attention to jurisdictional requirements, strict 30-day deadlines, and complex calculations for diversity, amount in controversy, and class size. Missing critical elements or procedural requirements can result in remand to state court, wasted litigation costs, and strategic disadvantages. Manual drafting takes hours of attorney time to ensure compliance with federal statutes and local court rules.
CaseMark automates the entire CAFA removal process, generating comprehensive, court-ready notices in minutes. Simply upload your state court complaint and service documents, and receive a fully formatted notice that establishes minimal diversity, calculates the amount in controversy, addresses CAFA exceptions, and includes all required procedural elements and exhibits. Focus on litigation strategy while CaseMark handles the technical compliance.
This workflow is applicable across multiple practice areas and use cases
Employment class actions alleging wage and hour violations, discrimination, or benefits disputes frequently meet CAFA requirements and require removal to federal court.
Employment class actions are among the most common types of class action litigation, and defense attorneys regularly need to remove these cases from state to federal court under CAFA when jurisdictional requirements are met.
Commercial class actions involving consumer protection claims, breach of contract, or business practices often satisfy CAFA's minimal diversity and amount in controversy requirements.
Commercial litigation frequently involves class action claims that defendants seek to remove to federal court, making CAFA removal notices a regular procedural requirement for defense counsel.
Financial services companies facing class actions for lending practices, fee disputes, or regulatory compliance issues routinely remove cases under CAFA to federal court.
Banks, credit card companies, and other financial institutions are frequent defendants in consumer class actions that meet CAFA criteria, requiring efficient removal notice preparation.
Data breach class actions and privacy violation claims commonly meet CAFA requirements due to multi-state plaintiff classes and substantial aggregate damages claims.
Data breach litigation typically involves nationwide or multi-state classes, making CAFA removal a standard defense strategy for companies facing privacy-related class action lawsuits.
Mass tort and product liability class actions involving personal injury claims often qualify for CAFA removal when they involve interstate defendants and substantial damages.
Product liability and mass tort cases frequently begin as state court class actions but meet CAFA's jurisdictional thresholds, requiring defense attorneys to execute timely removals to federal court.
CAFA removal requires three elements: (1) minimal diversity, meaning at least one plaintiff class member is a citizen of a different state than at least one defendant; (2) an aggregate amount in controversy exceeding $5 million, exclusive of interest and costs; and (3) a putative class of at least 100 members. The notice must be filed within 30 days of service or receipt of the paper from which removability is first ascertainable. CaseMark automatically analyzes your case documents to establish each requirement with supporting citations and calculations.
The amount in controversy is calculated by aggregating all potential damages claimed by all class members, including compensatory damages, statutory damages, punitive damages, and injunctive relief. You must examine the complaint's allegations, class size estimates, and individual damage claims to reach a reasonable calculation exceeding $5 million. CaseMark analyzes your complaint to extract relevant allegations, multiply individual damages by estimated class size, and provide a detailed calculation methodology that satisfies federal court scrutiny.
Yes, all defendants who have been properly served must consent to removal under the unanimity rule of 28 U.S.C. § 1446(b)(2)(A). However, only served defendants need to consent—unserved defendants are not required to join. All consents must be obtained within the 30-day removal period. CaseMark generates the appropriate consent language and identifies which defendants must join, streamlining coordination among multiple defense counsel.
Missing the 30-day deadline generally waives your right to remove the case to federal court, resulting in the action remaining in state court. The deadline runs from service of the initial complaint or from receipt of an amended pleading or other paper that first makes the case removable. There is also a one-year outer limit from case commencement, with limited exceptions for bad faith. CaseMark helps you track critical deadlines and generate notices quickly to ensure timely filing and preserve your removal rights.
You must attach true and correct copies of all process, pleadings, and orders served in the state court action. Required exhibits include the state court complaint with all attachments, the summons and proof of service, and the state court docket sheet. You should also attach any amended pleadings, answers, motions, or other relevant filings, plus written consents from other defendants if they are not signing the notice directly. CaseMark automatically generates an exhibit list and organizes all attachments in proper format for federal court filing.