9th Circuit Clarifies CAFA Requirements For Showing By Defendant

Mealey's (August 9, 2019, 12:33 PM EDT) -- PASADENA, Calif. — A defendant, when removing a case from state to federal court under the Class Action Fairness Act (CAFA), only needed to make jurisdictional allegations to meet its minimal diversity burden and did not need to provide evidence where the plaintiff brought a facial challenge to the legal adequacy of the removal, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 8, reversing a trial court’s remand of a class complaint over internet service advertising and sales practices (David Ehrman, et al. v. Cox Communications, Inc., et al., No. 19-55658, 9th Cir., 2019 U.S. App. LEXIS 23671)....