When Congress passed the Class Action Fairness Act ('CAFA') in 2005, committee reports showed that several legislators believed the Act would shift from defendant to plaintiff the burden of proof with respect to the existence of federal removal jurisdiction.
Burden of Proof on Defendants Removing Under CAFA
When Congress passed the Class Action Fairness Act ('CAFA') in 2005, committee reports showed that several legislators believed the Act would shift from defendant to plaintiff the burden of proof with respect to the existence of federal removal jurisdiction. CAFA's legislative history contains statements from several members of Congress indicating that a plaintiff opposing removal under the Act would have the burden of establishing the absence of federal jurisdiction. For a short period following CAFA's passage, certain federal district courts found this legislative history controlling and held that CAFA shifted the burden of proof.
By
Gregg A. Farley And Christopher K. PelhamThis premium content is locked for LawJournalNewsletters subscribers only
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