United States Ninth Circuit

When plaintiffs move to remand a case to state court pursuant to 28 U.S.C. section 1447(c), and their complaint alleges damages less than the jurisdictional threshold for diversity cases but does not specify a total amount in controversy, the proper burden of proof to be borne by the removing defendant is proof by a preponderance of the evidence.

Appellate Information

• Argued 08/15/2007
• Decided 10/09/2007
• Published 10/09/2007

Judges

• Before:  DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Edward S. Zusman, San Francisco, CA, argued the cause and filed briefs for the plaintiffs-appellants.  Kevin K. Eng, San Francisco, CA, was also on the briefs.


• For Appellees:
  
• William H. Pickering, Chattanooga, TN, argued the cause and filed a brief for the defendant-appellee.  Anthony A. Jackson, Chattanooga, TN, R. Brian Dixon, San Francisco, CA, and Michael Hoffman, San Francisco, CA, were also on the briefs.