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No Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy

On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act...more

Supreme Court: Evidence of Amount in Controversy Not Required at Removal

Earlier this week, the United States Supreme Court held that a defendant removing a putative class action from state to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA) need not submit evidence to...more

Supreme Court Confirms That A Notice Of Removal Requires Only A “Plausible Allegation” That The Amount In Controversy Has Been Met

The Supreme Court has held that a notice of removal requires only a “plausible allegation that the amount in controversy exceeds the jurisdictional threshold,” and confirmed that a notice of removal need not include evidence...more

Supreme Court: Companies Fighting State Class Actions Can Remove to Federal Court Without Evidence of Damages

The Class Action Fairness Act of 2005 (“CAFA”) has found its way to the steps of the U.S. Supreme Court several times in the last two years, as plaintiffs and defendants seek to define the parameters of the federal law...more

The United States Supreme Court Holds That a Defendant’s Notice of Removal Need Only Include a “Plausible Allegation” That the...

On December 15, 2014, the US Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC, et al. v. Owens.1 Writing for the 5 – 4 majority, Justice Ginsberg held that a defendant’s notice of removal pursuant to...more

Supreme Court Clarifies Class Action Fairness Act’s Removal Requirement: 'Liberal Rules' Do Not Require Evidence of Amount in...

Class action defendants need not include evidence regarding the amount in controversy when removing a case to federal court under the Class Action Fairness Act (“CAFA”), thanks to the United States Supreme Court’s decision in...more

U.S. Supreme Court Clarifies Requirements for Removing Class Actions to Federal Court

Today the U.S. Supreme Court issued its decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, a case involving the procedural requirements for removing a class action from state to federal court under the Class...more

U.S. Supreme Court Eases CAFA Removals

Congress passed the Class Action Fairness Act (CAFA) in 2005, in response to perceived (in fact real) concerns regarding potential abuses of the class action process. Among CAFA’s important provisions was the right to remove...more

Supreme Court Opinion in Dart Cherokee Basin v. Owens

On Monday, the U.S. Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719. Unsurprisingly, the Court held that a notice of removal under the Class Action Fairness Act does not need to...more

Supreme Court Decides Dart Cherokee Basin Operating Co., LLC v. Owens

On December 15, 2014, the Supreme Court of the United States decided Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, holding that a notice of removal to federal court under 28 U.S.C. § 1446(a) and the Class...more

SCOTUS Rules CAFA Removal Notices Need Contain Only a Plausible Allegation That Amount in Controversy is Satisfied

On December 15, 2014, the Supreme Court of the United States decided a critical issue regarding Class Action Fairness Act of 2005 (CAFA) removals. Specifically, the Supreme Court settled a controversy surrounding what...more

Supreme Court Simplifies Removal from State Courts

Yesterday, the Supreme Court relieved decades of uncertainty concerning the filing requirements for removal of cases to federal court from state court by holding that a defendant is required only to file “a short and plain...more

Supreme Court Holds That Defendants Need Not Submit Evidence with a Notice of Removal Under the Class Action Fairness Act

To remove a civil action from state court to federal court, the defendant must “file … a notice of removal … containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a). Under the Class Action...more

"Supreme Court Rules No Evidence Required to Remove Cases to Federal Court, Rejects Presumption Against Federal Jurisdiction in...

Yesterday, the U.S. Supreme Court addressed an important question governing the procedure for removing cases to federal court — whether a defendant must attach evidence in support of key jurisdictional facts, such as the...more

Ninth and Tenth Circuits Address Removal Under CAFA's "Mass Action" and "State Action" Provisions

In Corber v. Xanodyne Pharmaceuticals, the Ninth Circuit – on rehearing en banc –examined the applicability of the “mass action” provision of CAFA, which provides federal jurisdiction for any civil action in which monetary...more

En Banc Ninth Circuit Permits Removal Under CAFA of a Subdivided Mass Action

Over the past few years, a number of plaintiffs’ lawyers have attempted—with some success—to circumvent the “mass action” provisions in the Class Action Fairness Act of 2005 (“CAFA”), which allow defendants to remove to...more

Removing All Doubt: The First Circuit Clarifies the Conditions Triggering the 30-Day Removal Window When the Earlier, Initial...

In Romulus v. CVS Pharmacy, Inc., No. 14-1937, 2014 U.S. App. LEXIS 20548 (1st Cir. Oct. 24, 2014), the First Circuit Court of Appeals clarified the conditions triggering a defendant’s 30-day window to remove a case to...more

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient...more

The First Circuit Clarifies That A Defendant’s Deadline to Remove is Principally Influenced by the Actions of the Plaintiff

The first questions any defendant served with a complaint filed in state court should consider are whether removal of the action to federal court is preferable and, assuming the action is removable, when must a notice of...more

The Supreme Court Considers The Requirements For Removal

The Class Action Fairness Act of 2005 (“CAFA”) outlines the federal courts’ diversity jurisdiction over class actions. Among other things, it increased the amount in controversy to $5 million (28 U.S.C. § 1332(d)(2), (6)),...more

Supreme Court Declines to Address CAFA Removal Circuit Split

Earlier this year, the United States Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. Romo, a case that implicates the mass action removal requirements of the Class Action Fairness Act of 2005 (CAFA). The...more

Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. This case involves whether a defendant must provide evidence with its notice of removal under the Class Action...more

Supreme Court May Clarify Procedures For Removal Under CAFA—If It Decides To Answer The Question Presented in Dart Cherokee Basin...

This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens. The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the...more

CAFA: Recent Developments on the Jurisdictional and Settlement Fronts

Since Congress enacted the Class Action Fairness Act (CAFA) in 2005, the nation’s class action litigation has increasingly migrated to the federal stage, with plaintiffs bringing more class actions directly to federal court...more

Supreme Court to Address Standard of Removal Under the Class Action Fairness Act

Last year in Standard Fire v. Knowles, 133 S. Ct. 1345 (2013), the U.S. Supreme Court held that class action plaintiffs could not avoid removal to federal court under the Class Action Fairness Act of 2005 (CAFA) by...more

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