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Supreme Court of the United States › Amount in Controversy › Class Action

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Carlton Fields

California District Court Finds CAFA’s Amount-in-Controversy Requirement Satisfied and No Local Controversy Alleged; Denies Motion...

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The Southern District of California denied a plaintiff’s motion to remand a putative class action removed pursuant to the Class Action Fairness Act (CAFA), where the plaintiff had alleged that the primary defendant’s product,...more

Katten Muchin Rosenman LLP

Supreme Court Clarifies Class Action Removal Pleading Standard

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The US Supreme Court recently held that under the Class Action Fairness Act (CAFA), a defendant need not provide proof of the amount in controversy in its notice of removal to federal court. Only a plausible allegation is...more

Carlton Fields

Eleventh Circuit Affirms CAFA-Based Remand Order

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Just two weeks after the Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. Owens, the Eleventh Circuit affirmed a CAFA-based remand order where the defendant failed to establish by a preponderance of the...more

Carlton Fields

Third Circuit Weighs In On Burden of Proof and Evidentiary Standards Applicable to Cases Removed Under CAFA

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Days before the Supreme Court’s decision addressing the requirements for CAFA notices of removal in Dart Cherokee Basin Operating Co., LLC v. Owens, the Third Circuit addressed the evidentiary requirements for surviving a...more

Carlton Fields

California District Court Finds that CAFA’s Amount-in-Controversy Requirement was Satisfied; Denies Motion to Remand

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The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...more

Polsinelli

Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Polsinelli on

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The...more

Burr & Forman

Who Needs Proof? Not The Notice of Removal.

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In a previous blog, we explained that the Supreme Court was considering whether a defendant merely has to allege jurisdictional facts or provide evidence regarding the amount in controversy when removing a case....more

Proskauer - Corporate Defense and Disputes

Supreme Court Clarifies the Standard Governing Removal of Class Action Cases to Federal Court

Proskauer - Corporate Defense and Disputes on

The US Supreme Court ruled last Monday that class action defendants need not provide evidentiary submissions in support of their attempts to remove a case from state to federal court. Rather, they need only include in their...more

K&L Gates LLP

Removing a Barrier: The Supreme Court Holds That, Under CAFA, Notices of Removal Need Not Include Evidence Supporting the Amount...

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On December 15, 2014, the United States Supreme Court held in Dart Cherokee Basin Operating Co., LLC v. Owens that a class action defendant need only allege the requisite amount of controversy “plausibly” in the notice of...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Carlton Fields

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

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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

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

Bradley Arant Boult Cummings LLP

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

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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

Robinson & Cole LLP

Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

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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

Orrick - Employment Law and Litigation

CAFA? Don’t mind if I do: Ninth Circuit Overturns Lowdermilk’s Legal Certainty Standard to Remove Class Actions Under CAFA

Orrick - Employment Law and Litigation on

In a boon to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”), the Ninth Circuit has overturned a rule requiring defendants to show to a “legal certainty” that the...more

Cozen O'Connor

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

Cozen O'Connor on

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more

Pillsbury Winthrop Shaw Pittman LLP

High Court Agrees Class Rep’s Stipulation Doesn’t Bar Federal Jurisdiction

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The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs’ bar and defense bar regarding whether a class representative’s stipulation that damages would not exceed $5...more

Orrick - Employment Law and Litigation

Supreme Court Eliminates Jurisdictional Escape Hatch To The Class Action Fairness Act

Orrick - Employment Law and Litigation on

The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that the class will seek less...more

BakerHostetler

U.S. Supreme Court Opens the Door Wider for Defendants to Remove Class Actions to Federal Court in Standard Fire Insurance v....

BakerHostetler on

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous court held that named plaintiffs in class actions may not defeat federal removal...more

Morgan Lewis

CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy

Morgan Lewis on

The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold....more

K&L Gates LLP

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

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The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rejects Class Action Plaintiff’s Effort to Avoid Federal Jurisdiction Under CAFA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In a unanimous decision issued on March 19, 2013, the U.S. Supreme Court held that the named plaintiff in a proposed class action lawsuit cannot defeat federal jurisdiction under the Class Action Fairness Act (CAFA or the...more

Perkins Coie

U.S. Supreme Court Rejects Attempt To Manipulate Federal Jurisdictional Threshold Under Class Action Fairness Act

Perkins Coie on

The U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal...more

Bracewell LLP

Supreme Court Limits Class Action Plaintiffs' Ability to Manipulate Jurisdiction

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On March 19, 2013, the United States Supreme Court issued a unanimous opinion in Standard Fire Insurance Co. v. Knowles barring class action plaintiffs from using stipulations that limit the amount in controversy to avoid...more

Hinshaw & Culbertson LLP

Supreme Court Closes CAFA Loophole

Hinshaw & Culbertson LLP on

A unanimous decision by the United States Supreme Court has restored the integrity of the Class Action Fairness Act, or CAFA. At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff...more

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