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: CAFA Law Blog - Information, cases and insights regarding the Class Action Fairness Act of 2005

U.S. Supreme Court Reverses Burden of Proof on CAFA Removals!!

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Abrego, Lowedermilk, and others have been reversed!! Plaintiffs now bear the burden of establishing the nonexistence of minimal-diversity jurisdiction under CAFA. Finally, someone bothered to read and understand Section 2 of Congress' "Findings and Purposes" for CAFA and realized that Congress intended to extend federal jurisdiction over interstate class actions. As a result, defendants can now remove class actions with minimal diversity and the plaintiff has the burden of proving that minimal diversity is not satisfied.

This decision is so hot, we wanted to bring it to you TODAY before anyone else had a chance to report it to you. Since it is so fresh TODAY, we have not had a chance to digest it completely for you. Consequently, until we can draft a formal post on TODAY's decision, please click here for more information.

Full post as published by CAFA Law Blog - Information, cases and insights regarding the Class Action Fairness Act of 2005 on April 01, 2009 (boomark / email).