JENNIFER WALKER ELROD, Circuit Judge:
Homeland Insurance Company appeals the district court's remand of a class action to Louisiana state court. Because we conclude that the local controversy exception to the Class Action Fairness Act (CAFA) applies, we AFFIRM.
George Raymond Williams brought a class action in Louisiana state court on behalf of a class of Louisiana medical providers against three Louisiana defendants: Med-Comp USA, Risk Management Services (RMS), and SIF Consultants of Louisiana. Med-Comp operates a preferred provider organization (PPO) network, contracting with the plaintiff class of medical providers for discounted rates. RMS and SIF Consultants apply the Med-Comp PPO discount when administering workers' compensation claims for Louisiana employers. Williams alleged that the defendants failed to comply with the PPO notice provisions of Louisiana law. La. R.S. 40:2203.1(G).
Over one year later, Williams amended the petition to add three non-Louisiana defendants: Corvel Corporation and its insurers Homeland Insurance Company and Executive Risk Specialty Insurance.
Corvel and the plaintiff class agreed to settle their claims. Before the state court approved the settlement, however, Executive Risk removed the case to federal court claiming federal jurisdiction under CAFA.
Upon remand, the state trial judge gave preliminary approval of Corvel's settlement. One day later, Homeland filed its motion to this court for leave to appeal the remand.
We review the district court's remand under the CAFA local controversy exception de novo. Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. (Preston I), 485 F.3d 793, 796 (5th Cir.2007). The parties moving for remand bear the burden of proof that they fall within an exception to CAFA jurisdiction. Id. at 797; Frazier v. Pioneer Americas, LLC, 455 F.3d 542, 546 (5th Cir.2006).
The local controversy exception requires the district court to decline its jurisdiction under CAFA:
First, Williams needed to establish that two-thirds of the proposed class are Louisiana citizens. Preston I, 485 F.3d at 796. The district court may make "a reasonable assumption" of CAFA's citizenship requirements from evidence that indicates the "probable citizenship of the proposed class." Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. (Preston II), 485 F.3d 804, 818 (5th Cir.2007).
Williams submitted evidence identifying a total class of 1,388 members and showing that 1,055 of the 1,388 (or 76%) are business entities incorporated or organized under Louisiana law.
On appeal, Homeland offers two fact-intensive arguments to suggest that the above 76% calculation is error, and the correct percentage of Louisiana citizens should either be 45.4% or 65.4%. First, Homeland argues that many of the 1,055 should no longer count as Louisiana citizens because they are inactive or not in good standing with the state.
Second, the local controversy exception requires a local defendant (a) from
Williams's petition seeks statutory damages from Med-Comp in conjunction with thousands of discounts, including the discounts applied by the other defendants. Moreover, Med-Comp's alleged conduct is the common denominator with all the other defendants, as RMS, SIF Consultants, and Corvel applied Med-Comp discounts to Med-Comp clients. In other words, Med-Comp's alleged conduct forms the basis of all claims against itself, but also forms a significant basis of the claims against the other defendants. Finally, this class action existed for over a year with only local defendants, and it is unclear how the addition of Corvel could render all of the original defendants insignificant. Thus, we agree with the district court that Williams satisfied this element of the CAFA exception.
Next, the principal injuries resulting from each defendant's alleged or related conduct must have occurred in Louisiana. § 1332(d)(4)(A)(i)(III). The district court found that the principal injuries occurred in Louisiana because the record showed that a supermajority of plaintiffs are Louisiana citizens, who rendered services in Louisiana, and who allege that the defendants violated the Louisiana PPO Act. The injuries from these statutory violations occurred by the failure to provide notice at the point of medical service in Louisiana. Although Homeland is an out-of-state defendant who insured the out-of-state Corvel, the CAFA exception is satisfied because Homeland's related conduct as insurer includes Corvel's failure to notify in Louisiana. Williams points to the unique nature of the claims asserted, where the sole claims against Homeland are by virtue of the Louisiana Direct Action statute and based on the conduct of Homeland's insured. This case does not involve first party insurance claims against Homeland, and therefore the location of the principal injuries does not depend on the state of issuance of Homeland's insurance policy.
Finally, the local controversy exception requires that "no other class action has been filed" alleging similar facts against any of the defendants "during the 3-year period preceding the filing of that class action." § 1332(d)(4)(A)(ii). The parties dispute whether a class arbitration qualifies as a class action under CAFA.
CAFA defines the term "class action" to mean "any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar State statute or rule of judicial procedure." § 1332(d)(1)(B). Homeland argues for an expansive reading of the term to encompass arbitrations, which often are commenced under rules that mimic Rule 23. However, if "any civil action" includes arbitrations, then CAFA
For the foregoing reasons, the district court properly concluded that the local controversy exception applied. We AFFIRM.