Legal Opinion · Concurrence
Andrew Pretka v. Kolter City Plaza II, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 8, 2010No. 10-11471Published
1ConcurrencePryor, Circuit Judge
in which CARNES, Circuit Judge, joins:
I concur fully in the panel opinion. I agree with the panel opinion that a defendant who removes a case under the first paragraph of subsection (b) of the removal statute, 28 U.S.C. § 1446(b), is entitled to file evidence to prove by a preponderance the amount in controversy under the Class Action Fairness Act. I write separately to explain why I doubt the validity of the related holding of Lowery v. Alabama Power Co. that district courts may not also allow post-removal discovery regarding the amount in controversy under the Class Action Fairness Act. 483…
2Cases cited18 opinions
- Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Guillory v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 2005
- Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001
13 more not listed; retrieve them via the Exa API.