While many courts have now held that the defendant carries the burden of establishing removal jurisdiction under CAFA, the Fifth, Seventh, and Eleventh Circuits have held that the burden then shifts to the plaintiff to prove that the Local-Controversy or Home-State Exception applies. See Hart v. FedEx Ground, 457 F.3d 675 (7th Cir. 2006); Frazier v. Pioneer Arms, 455 F.3d 542 (5th Cir. 2006); Evans v. Walter Industries, 449 F.3d 1159 (11th Cir. 2006).
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