United States Third Circuit

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Judon v. Travelers Property Casualty Co., 14-3406

In this action brought under the Class Action Fairness Act (CAFA), defendant removed the case to District Court and plaintiff timely sought remand. Order remanding the case to state court is affirmed in part, vacated in part, and remanded to the District Court for further proceedings, where: 1) because plaintiff's complaint unambiguously pleaded that the numerosity requirement of CAFA was satisfied, the District court should have placed the burden of proof on plaintiff to establish jurisdiction under CAFA by a preponderance of the evidence; and 2) the District Court correctly applied the preponderance of the evidence standard CAFA's amount-in-controversy requirement.

Appellate Information

  • Decided 12/12/2014
  • Published 12/12/2014

Judges

  • Smith

Court

  • United States Third Circuit

Counsel

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