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Supreme Court of the United States › Jurisdiction › Diversity Jurisdiction

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 -
Proskauer - Minding Your Business

Pleading Artifices and CAFA Removal: Circuit Development

Proskauer - Minding Your Business on

The Class Action Fairness Act (“CAFA”), was enacted to make federal courts the primary venue for class action litigation. It did so by modifying the usual jurisdictional requirements of the diversity jurisdiction statute...more

Mintz - Arbitration, Mediation, ADR...

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

Mintz - Arbitration, Mediation, ADR... on

In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Beveridge & Diamond PC

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

Beveridge & Diamond PC on

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

Katten Muchin Rosenman LLP

Supreme Court Clarifies Class Action Removal Pleading Standard

Katten Muchin Rosenman LLP on

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

Carlton Fields on

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

Carlton Fields on

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

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.

Burr & Forman on

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...

K&L Gates LLP on

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

Carlton Fields on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

BakerHostetler

U.S. Supreme Court Eases CAFA Removals

BakerHostetler on

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

Robinson & Cole LLP

Supreme Court Opinion in Dart Cherokee Basin v. Owens

Robinson & Cole LLP on

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

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