“Recent Ninth Circuit Development Under CAFA: Removing Defendant Sometimes Must Prove Amount in Controversy to a ‘Legal Certainty’”
March 19, 2007
In Lowdermilk v. United States Bank National Ass’n, No. 06-36085, 2007 U.S. App. LEXIS 5168 (9th Cir. Mar. 2, 2007), the Ninth Circuit held that, when a plaintiff affirmatively alleges an amount in controversy less than the CAFA minimum of $5,000,000, a removing defendant must prove to a “legal certainty” by the proffer of evidence that the amount-in-controversy requirement is met. The Ninth Circuit joined the Third Circuit in reaching this conclusion. See Morgan v. Gay, 471 F.3d 469 (3d Cir. 2006).
March 19, 2007
In Lowdermilk v. United States Bank National Ass’n, No. 06-36085, 2007 U.S. App. LEXIS 5168 (9th Cir. Mar. 2, 2007), the Ninth Circuit held that, when a plaintiff affirmatively alleges an amount in controversy less than the CAFA minimum of $5,000,000, a removing defendant must prove to a “legal certainty” by the proffer of evidence that the amount-in-controversy requirement is met. The Ninth Circuit joined the Third Circuit in reaching this conclusion. See Morgan v. Gay, 471 F.3d 469 (3d Cir. 2006).
