[Download] "Lowdermilk v. United States Bank National Assoc." by Supreme Court of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Lowdermilk v. United States Bank National Assoc.
- Author : Supreme Court of Alaska
- Release Date : January 02, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
In this case we are called upon to resolve a question of first impression: Under the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. 109-2, 119 Stat. 4 (2005), when the plaintiff has pled damages less than the jurisdictional amount, what must the defendant prove in order to remove the case to federal court? We reserved this question in Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676, 683 n.8 (9th Cir. 2006) (per curiam). We answer that the party seeking removal must prove with "legal certainty" that the amount in controversy is satisfied, notwithstanding the prayer for relief in the complaint. We conclude that the defendant in this case failed to meet this burden, and we affirm the judgment of the district court.
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