United States First Circuit

In the context of the $5 million amount-in-controvery requirement for removal under the Class Action Fairness Act of 2005, the circuit court rules that, at least where the complaint does not contain specific damage allegations, a removing defendant must show a reasonable probability that the amount in controversy exceeds $5 million.

Appellate Information

• Decided 02/13/2009
• Published 02/13/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and SILER, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Francis A. Citera with whom Christopher Cole, Sheehan, Phinney, Bass & Green, P.A., Kimberly M. DeShano, and Greenberg Traurig, LLP were on brief for appellant.


• For Appellees:
  
• Edward K. O'Brien with whom O'Brien Law Firm, P.C., Charles G. Douglas III, Jason R.L. Major, and Douglas, Leonard & Garvey, P.C. were on brief for appellees.