August 22, 2012 7:08 PM | Posted by Cheek, Christopher |
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In Frederick v. Hartford Underwriters Ins. Co., 683 F.3d 1242 (10th Cir. 2012), the Tenth Circuit decided to apply a preponderance of the evidence standard for proving the amount in controversy when presented with a class action plaintiff who requested damages below the jurisdictional minimum. read more
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July 2, 2012 9:13 AM | Posted by Katherine Heckert |
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In Winzler v. Toyota Motor Sales U.S.A., Inc., ---F.3d---, No. 10-4151, 2012 WL 2236624 (10th Cir. June 18, 2012), a car owner brought a putative class action against Toyota, alleging an engine defect. At the same time, Toyota initiated a recall of the car model, offering all owners repair and replacement of faulty parts at no cost. The Court was faced with the basic question- does Winzler still have a case, or was it now rendered moot? Find out, after the jump. read more
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