Legal Opinion
Morgan v. Gay
Court of Appeals for the Third Circuit
Decided December 15, 2006No. 06-4497PublishedCited by 100 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
I
This appeal requires us for the first time to interpret certain provisions of the new ly-enacted Class Action Fairness Act of 2005 (CAFA), Pub.L. No. 109-2, 119 Stat. 4 (2005) (codified in scattered sections of 28 U.S.C.). Specifically, after the defendants removed the case from state court to the District Court, the plaintiff moved to remand to state court. 1 That motion was granted. Because we agree that the District Court properly placed the burden of proof on the defendants to establish federal subject matter jurisdiction under CAFA, and appropriately…
2Cases cited17 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- New Hampshire v. MaineSupreme Court of the United States · 2001
- 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
- Tull v. United StatesSupreme Court of the United States · 1987
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3Cited by100 opinions
- 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
- Cna v. United StatesCourt of Appeals for the Third Circuit · 2008
- Strawn v. AT & T MOBILITY LLCCourt of Appeals for the Fourth Circuit · 2008
- Willene Lowdermilk v. United States Bank National AssociationCourt of Appeals for the Ninth Circuit · 2007
95 more not listed; retrieve them via the Exa API.