Legal Opinion
Willene Lowdermilk v. United States Bank National Association
Court of Appeals for the Ninth Circuit
Decided March 2, 2007No. 06-36085PublishedCited by 296 opinions
1Opinion of the Court
BYBEE, Circuit Judge.
In this case we are called upon to resolve a question of first impression: Under the Class Action Fairness Act of 2005 *996(“CAFA”), Pub.L. 109-2, 119 Stat. 4 (2005), when the plaintiff has pled damages less than the jurisdictional amount, what must the defendant prove in order to remove the case to federal court? We reserved this question in Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676, 683 n. 8 (9th Cir.2006) (per curiam). We answer that the party seeking removal must prove with “legal certainty” that the amount in controversy is satisfied, notwithstanding the prayer…
2Cases cited25 opinions
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- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Farrar v. HobbySupreme Court of the United States · 1992
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3Cited by296 opinions
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