Briggs Attorneys Published in William Mitchell Law Review

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August 26, 2010

William Mitchell Law Review, Volume 36, Issue 4, features two articles by Briggs and Morgan Appellate Group attorneys in the Eighth Circuit section.

Diane B. Bratvold and Daniel J. Supalla’s “Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act,” discusses the circuit split on the standard of proof for determining the amount in controversy in Class Action Fairness Act (CAFA) removal cases. The article covers the history and purpose of CAFA and how CAFA relaxed federal removal requirements yet did not alter which party bears the burden of proving the amount in controversy; Supreme Court precedent on the standard of proof for determining the amount in controversy, particularly in removal cases; and analysis of the standards of proof adopted by various courts of appeals when determining the amount in controversy following CAFA removal.

Kevin M. Decker, Jonathan P. Schmidt and Christine Hinrichs’ “Off the Tracks: How a Train Accident Derailed Article III Power” covers a Minot, North Dakota train derailment and its ensuing judicial and congressional acts; the separation of powers conflict involved and the overall implications.