United States Third Circuit

Under the Class Action Fairness Act (CAFA), the party seeking to remove the case to federal court bears the burden to establish that the amount in controversy requirement is satisfied. Grant of plaintiff's motion to remand their action, which was based upon false advertising claims involving a skin cream, is affirmed where the district court properly placed the burden of proof on defendants to establish federal subject matter jurisdiction under CAFA, and appropriately determined that defendants failed to prove that plaintiffs' claims exceeded CAFA's amount in controversy requirement of $5 million.

Appellate Information

• Decided 12/15/2006
• Published 12/18/2006

Judges

• Before BARRY, SMITH, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John M. Agnello, Kerrie Heslin, Carella, Byrne, Bain, Gilfillian, Cecchi, Stewart & Ostein, Roseland, NJ, Christian H. Gannon, Walter H. Swayze, III, Robert J. Kenney, Maria C. Carlucci, Segal McCambridge Singer & Mahoney, LTD., New York, NY, for Appellants.


• For Appellees:
  
• Jeffrey I. Carton, Jill C. Owens, Meiselman, Denlea, Packman, Carton & Eberz, PC, White Plains, NY, for Appellee.