9th Circuit: Marriott Must Have Chance To Prove Jurisdiction In Wage Suit

Mealey's (September 11, 2019, 8:48 AM EDT) -- PASADENA, Calif. — A federal judge in California erred in remanding a wage-and-hour lawsuit by employees of Residence Inn by Marriott LLC without first giving the employer the “opportunity to show by a preponderance of the evidence that the jurisdictional requirements are satisfied” under the Class Action Fairness Act (CAFA), a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 3, vacating the trial court’s ruling (Blanca Argelia Arias, et al. v. Residence Inn by Marriott, et al., No. 19-55803, 9th Cir., 2019 U.S. App. LEXIS 26561)....