Federal Judge Refuses to Remand Ohio Restaurant Owner’s COVID-19 Coverage Action

AKRON, Ohio — An Ohio federal judge has refused to remand a COVID-19 business interruption coverage class action filed by the owner of two Ohio restaurants, noting the complaint seeks certification of a nationwide class, providing the federal court with jurisdiction under the Class Action Fairness Act.

In a Jan. 12 order, Judge J. Philip Calabrese of the U.S. District Court for the Northern District of Ohio further noted that Family Tacos LLC and defendant Auto Owners Insurance Co. are citizens of different states, and aggregating the damages claimed plausibly puts more than $5 million in controversy.

Family Taco alleges …