9th Circuit Vacates Remand Order In Wage Suit, Finds Wrong Review Standard

(September 9, 2020, 3:07 PM EDT) -- PASADENA, Calif. — A district court erred in applying the standard for reviewing a factual attack to a facial attack by the lead plaintiff in a wage-and-hour putative class complaint in a dispute over jurisdiction, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 8, vacating the trial court's remand order and holding that under Dart Cherokee Basin Operating Sys. Co., LLC v. Owens, the employer needed only to make a "plausible allegation" that the Class Action Fairness Act's (CAFA) threshold was met where the complaint did not clearly state an amount in controversy (Clayton Salter, et al. v. Quality Carriers, Inc., et al., No. 20-55709, 9th Cir., 2020 U.S. App. LEXIS 28364)....