United States Ninth Circuit

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Rodriguez v. AT&T Mobility Services, LLC, 13-56149

The district court's order remanding to state court a putative class action, which had been removed to federal district court by the defendant under the Class Action Fairness Act, is vacated and remanded, where: 1) the lead plaintiff's waiver of any claim in excess of the $5 million amount-in-controversy requirement of 28 U.S.C. section 1332(d)(2) was ineffective, and the waiver no longer had legal effect; 2) the proper burden of proof imposed upon a defendant to establish the amount-in-controversy is the preponderance of the evidence standard; and 3) here, because the district court's remand order relied solely on the waiver, the matter must be remanded to the district court for consideration and application of the preponderance standard to the amount-in-controversy evidence.

Appellate Information

  • Decided 08/27/2013
  • Published 08/27/2013

Judges

  • CLIFTON

Court

  • United States Ninth Circuit

Counsel