San Francisco associate Matthew J. Adler and senior attorney Jaime D. Walter authored “CAFA’s $5 Million Threshold: Do Future Attorneys’ Fees Count?” for Bloomberg BNA’s Class Action Litigation Report. In the article, they address whether a removing defendant may include prospective attorneys’ fees or only attorneys’ fees incurred to date in its amount-in-controversy calculation. They examine the split among district court decisions in the Ninth Circuit and also argue that the inclusion of prospective fees aligns with CAFA’s purpose.

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Source: Class Action Litigation Report
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