Legal Opinion
Amoche v. Guarantee Trust Life Insurance
Court of Appeals for the First Circuit
Decided February 13, 2009No. 08-2094PublishedCited by 137 opinions
1Opinion of the Court
LYNCH, Chief Judge.
The Class Action Fairness Act of 2005 (“CAFA”) provides for removal to federal court of state class actions that satisfy the statute’s minimal diversity and class size requirements and have more than $5 million in controversy. See 28 U.S.C. §§ 1332(d), 1453. This case requires us to address for the first time the burden on a removing defendant to establish the amount in controversy under CAFA.
We hold that at least where the complaint does not contain specific damage allegations, the removing defendant must show a reasonable probability that the amount in controversy exceeds…
2Cases cited23 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- 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
- Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
18 more not listed; retrieve them via the Exa API.
3Cited by137 opinions
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Delores Lewis v. Verizon Communications, Inc.Court of Appeals for the Ninth Circuit · 2010
- Robert Rodriguez v. At&t Mobility Services LLCCourt of Appeals for the Ninth Circuit · 2013
- Leslie Pinciaro Dudley v. Eli Lilly and ComanyCourt of Appeals for the Eleventh Circuit · 2014
- Sabrina Roppo v. Travelers Commercial InsuranceCourt of Appeals for the Seventh Circuit · 2017
132 more not listed; retrieve them via the Exa API.