Supreme Court Clarifies Burden of Proof under CAFA

In What's New in Class Action Law?, What's New in the Courts by gravierhouseLeave a Comment

Under the general pleading standard contained within Rule 8 (and tracked in 28 U.S.C. 1446(a)), the amount-in-controversy allegations of a defendant seeking federal-court jurisdiction should be accepted when not contested by the plaintiff or questioned by the court. In the event that the plaintiff does contest the defendant’s allegations, both sides submit proof and the court decides, by a preponderance of the evidence, whether the amount-in-controversy requirement has been satisfied. “In remanding the case to state court, the District Court relied, in part, on a purported ‘presumption’ against removal. We need not here decide whether such a presumption is proper in mine-run diversity cases. It suffices to point out that no antiremoval presumption attends cases invoking CAFA, which Congress enacted to facilitate adjudication of certain class actions in federal court.” Dart Cherokee Basin Operating Company v. Owens, 135 S.Ct. 547 (2014).

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