Complex Litigation: CAFA Burdens of Proof

Vol. 28 Nat'l L.J. 12 (Dec. 19, 2005)

The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 432

5 Pages Posted: 13 Jun 2013

Date Written: December 19, 2005

Abstract

Commentary and analysis of which party carries the burden of proof in establishing federal jurisdiction under the Class Action Fairness Act of 2005 (CAFA). Congress enacted CAFA in 2005 to create new federal diversity jurisdiction especially for class actions. In order to gain access to federal court, the proponents of a class action must demonstrate diversity of citizenship between the class claimants and the defendants, that there are at least 100 members in the class, and that the amount in controversy exceeds $5 million. 28 U.S.C. § 1332(d). To satisfy these requirements, the proponents needs only to show minimal diversity among the parties, and may aggregate the claimants’ damages to reach the $5 million amount-in-controversy threshold. In addition, the CAFA statutory scheme created new removal jurisdiction for class actions filed in state courts. 28 U.S.C. § 1453. This article discusses the allocation of the burden of proof to establish good federal class action diversity jurisdiction for class action originally filed in federal court under CAFA, and cases removed to federal court under the new CAFA removal provision. Federal district courts have reached conflicting decisions concerning which party carries the burden of proof to establish CAFA jurisdiction.

Keywords: Class Action Fairness Act of 2005, CAFA, 28 U.S.C. 1332(d), 28 U.S.C. 1453, CAFA removal, class actions, burdens of proof, burdens of proof on removal

Suggested Citation

Mullenix, Linda S., Complex Litigation: CAFA Burdens of Proof (December 19, 2005). Vol. 28 Nat'l L.J. 12 (Dec. 19, 2005). Available at SSRN: https://ssrn.com/abstract=2277632

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
7
Abstract Views
106
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information