This article by Joshua Fruchter of Merge Mediation discusses a recent Eastern District of California case, Ali v. Setton Pistachio of Terra Bella, Inc., 2019 WL 6112772 (E.D. Cal. Nov. 18, 2019) addressing the issue of whether confidential mediation materials including damages information could start the thirty-day removal clock under CAFA. Although the case did not involve an assertion that the materials would be protected by mediation privilege, prior Ninth Circuit cases suggest that would not be a bar. However, in other circuits where federal mediation privilege is well-established,  the answer may well be different. This will be an important issue for practitioners working on class actions. https://www.jdsupra.com/legalnews/can-confidential-mediation-materials-91019/