Supreme Court To Decide CAFA Pleading Standard

On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit. In that case, the Court will resolve a circuit split over the pleading standard applicable to determining CAFA removal jurisdiction. The question presented is:

In Dart Cherokee, the lower courts held that the defendant did not satisfy its burden to establish removal jurisdiction under CAFA because, while it alleged the amount in controversy exceeded CAFA's $5 million dollar floor, it did not attach evidence to its notice of removal to support the allegation.