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Dart Cherokee Basin Operating Co. v. Owens, 13-719

In this putative class action for which respondent seeks compensation for damages class members allegedly sustained when petitioners underpaid oil and gas lease royalties, petitioner removed the case to Federal District Court pursuant to the Class Action Fairness Act (CAFA) on grounds that the amount in controversy exceeded $5 million. Respondent subsequently moved to remand to state court, arguing that the removal notice was deficient as a matter of law because it included no evidence proving the amount in controversy was greater than $5 million, and the remand motion was granted. The judgment of the District Court is vacated and remanded, where: 1) to remove a case from state court to federal court, a defendant must file a notice of removal containing a short and plain statement of the grounds for removal (28 U.S.C. section 1446(a)); and 2) the short and plain statement need not contain evidentiary submissions.

Appellate Information

  • Decided 12/15/2014
  • Published 12/15/2014


  • Ginsburg


  • United States Supreme Court