Class Action Blog

Mark Pirozzi and others sued Massage Envy for allegedly violating the Missouri Merchandising Practices Act (MMPA) by using advertisements which failed to disclose that each one hour massage session included ten minutes for consulting with the therapist, undressing and dressing. The first and amended complaints failed to clearly state the amount in controversy on the face of the complaint.

Swift Transportation removed plaintiff’s Third Amended Class Action Complaint alleging that the federal court had CAFA subject matter jurisdiction. The district court remanded finding Swift failed to prove the amount in controversy exceeded $5 million.  The court ruled that only the amount of attorneys’ fees incurred to the date of removal was part of the amount in controversy. The Ninth Circuit reversed and remanded after concluding that the amount in controversy included all attorneys’ fees which the plaintiff was entitled to recover under the law.