On April 7, 2014, the Supreme Court accepted certiorari review in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, to resolve a circuit split regarding whether the Class Action Fairness Act (CAFA) requires a removing defendant to submit evidence in support of removal at the time of the notice of removal or whether evidence can be submitted later in response to a motion to remand. The United States District Court for the District of Kansas had remanded a putative class action removed under...
The United States Supreme Court attempted to close the door on litigants doing an end-run around the Class Action Fairness Act (CAFA) requirement that certain class actions be filed in federal court. Some plaintiffs attempted to file class actions subject to CAFA in more favorable state court venues. The Supreme Court attempts to end this practice but its ruling may give rise to more litigation over remand and removal. Standard Fire v. Knowles.
Creative Avoidance of Federal Jurisdiction
CAFA...
