Firm Memoranda

Class Action Defendants Are Not Required to Submit Proof of the Amount in Controversy in Their Notice of Removal

Date: 12/18/14

On December 15, 2014, the Supreme Court of the United States issued a five to four decision in Dart Cherokee Basis Operating Co., LLC, et al. v. Owens, holding that class action defendants seeking removal to federal court under the Class Action Fairness Act of 2005 (“CAFA”) need not submit proof of the amount in controversy in a notice of removal, and need only submit proof of the amount in controversy if the plaintiff contests the defendant’s assertion.

CGR Memo - Class Action Defendants Are Not Required to Submit Proof of the Amount in Controversy in Their Notice of Removal.pdf (pdf | 124.93 KB )