DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
168012P.pdf 10/24/2016 Carla Gibson v. Clean Harbors Environmental
U.S. Court of Appeals Case No: 16-8012
U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Wollman, Author, with Loken and Murphy, Circuit Judges]
Civil Case - Class Action Fairness Act. Petition for permission to appeal
is granted. District court erred in concluding removal was untimely and in
remanding case to state court. Settlement letter with settlement demand
did not specifically and unambiguously state amount respondents were
seeking the recover in damages or geographical area affected by the
chemical release, thus not making it possible for Clean Harbors to
ascertain that CAFA's amount-in-controversy requirements were satisfied,
whereas the receipt of the expert's report constituted "other paper" and
set forth the theory of damages and class size and provided information to
determine with the requisite degree of specificity and accuracy the amount
in controversy. Remand order is vacated and case remanded for further
proceedings. Judge Murphy dissents.