"Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act," Co-Author, William Mitchell Law ReviewPrint PDFShare
This article examines the Class Action Fairness Act (CAFA) passed by Congress in 2005, which amended the procedures that apply to large interstate class actions. The authors discuss how CAFA significantly expanded federal jurisdiction over class actions and mass actions, marking a watershed for the federal courts which have limited jurisdiction, unlike most state courts that have general jurisdiction. While CAFA made it easier for defendants to remove some class actions to federal court, CAFA did not address the standard of proof for determining the amount in controversy and that question has troubled the federal courts of appeal. The circuit split that has resulted is analyzed in this article.
View the full article by Diane B. Bratvold and Daniel J. Supalla here.
Diane B. Bratvold and Daniel J. Supalla, (2010) "Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act," William Mitchell Law Review, 36 (4), 1398-1433.