BETTY M. SMITH, as personal representative of the estate of Shirley T. Cox, JUDITH A. BALLEW, Attorney-in-Fact of John E. Ballew, MARK F. LAPP, as personal representative of the estate of Roger J. Lapp, Plaintiffs-Appellees, versus MARCUS & MILLICHAP, INCORPORATED, Defendant, MICHAEL BOKOR, Defendant-Appellant., 991 F.3d 1145

Summary

HOLDINGS: [1]-In nursing home residents' putative class suit alleging that certain facilities improperly obtained licenses from Florida, which injured the residents by the provision of substandard levels of care, where suit was removed under CAFA, remand under CAFA's local controversy and discretionary exceptions was not warranted; [2]-The residents did not meet the citizenship requirement for CAFA's local controversy exception because their evidence, which consisted of U.S. Census data, unauthenticated private surveys, and other studies, did not establish that the residents were Florida citizens since none of the evidence established the residents' intent to remain in the state; [3]-Similarly, the evidence also failed to establish that greater than one-third of the class were Florida citizens for purposes of CAFA's discretionary exception.