News & Analysis as of September 19, 2024

Supreme Court of the United States › Dart Cherokee Basin Operating Co. v. Owens

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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 -

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

Carlton Fields on 8/27/2015

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

Insights from DRI Class Action Seminar 2015 – Part 1

Robinson+Cole Class Actions Insider on 7/28/2015

As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar. Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more

"Supreme Court: A Term-End Review"

Skadden, Arps, Slate, Meagher & Flom LLP on 6/24/2015

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

High Court Finds Plausible Showing of Amount in Controversy Sufficient to Remove Action

Beveridge & Diamond PC on 2/12/2015

In a decision that may make it somewhat easier for defendants to remove putative class actions from state to federal court, the U.S. Supreme Court ruled that defendants in such cases do not need to offer evidence in their...more

"2014-15 Supreme Court Highlights"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2015

Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more

Supreme Court Clarifies Class Action Removal Pleading Standard

Katten Muchin Rosenman LLP on 1/15/2015

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

Eleventh Circuit Affirms CAFA-Based Remand Order

Carlton Fields on 1/14/2015

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

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

Carlton Fields on 12/31/2014

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

The Ten Most Significant Class Action Cases of 2014

McGuireWoods LLP on 12/26/2014

Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And then people take them kind of seriously....more

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

Polsinelli on 12/24/2014

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

Who Needs Proof? Not The Notice of Removal.

Burr & Forman on 12/24/2014

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

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

Proskauer - Corporate Defense and Disputes on 12/23/2014

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

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

K&L Gates LLP on 12/22/2014

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

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 12/19/2014

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

Carlton Fields on 12/19/2014

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

Moore & Van Allen PLLC on 12/19/2014

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

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

Bradley Arant Boult Cummings LLP on 12/17/2014

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

BakerHostetler on 12/17/2014

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

Robinson & Cole LLP on 12/17/2014

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

Faegre Drinker Biddle & Reath LLP on 12/16/2014

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/16/2014

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

Eversheds Sutherland (US) LLP on 12/16/2014

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

Skadden, Arps, Slate, Meagher & Flom LLP on 12/16/2014

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

The Employment Law Authority - October/November 2014

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2014

In This Issue: - Employee Benefits. Recent IRS letter reminds employers about issues associated with offering “free” parking - State Round-Up. Learn about the latest employment law news in your state -...more

Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

Robinson & Cole LLP on 10/10/2014

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

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Supreme Court of the United States › Dart Cherokee Basin Operating Co. v. Owens

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