Make A Federal Case Out Of It!

The Ninth Circuit Eases the way into Federal Court for Class Action Defendants

On August 27, 2013, the Ninth Circuit lowered the burden of proof for class action defendants to remove their cases to federal court.  Rodriguez v. AT&T Mobility Services LLC, No. 13-56149, 2013 WL 4516757.  The Class Action Fairness Act gives federal courts the power to hear class action cases if the amount in controversy exceeds $5 million and certain other requirements are met.  Class action defendants used to have to prove the $5 million amount in controversy to a "legal certainty" when lead plaintiffs alleged lower amounts.  Relying on a recent Supreme Court decision, the Ninth Circuit in Rodriguez held that class action defendants may now meet their burden of proof by showing a simple preponderance of the evidence.