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Class Action Fairness Act Pleading Requirements for Removal Addressed by Ninth Circuit
17 Jul 2023, 6:24 pm by Wystan Ackerman
While the Supreme Court has held in Dart Cherokee Basin Operating Co. v. [read post]
Insurance Class Actions Insider - http://www.insuranceclassactions.com/
Ninth Circuit Again Complicates CAFA Removal Standards
30 Dec 2020, 12:27 pm by Matthew Goodman
”  See Dart Cherokee Basin Operating Sys. [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
The Ninth Circuit Bows to Supreme Court Authority Affirms Three Principles Supporting Removal of CAFA Removal Cases
30 Sep 2019, 10:51 am by Jeffrey Fields and Nicholas Poper
These concerns were, or at least should have been, put to rest in 2014 when the Supreme Court ruled in In Dart Cherokee Basin Operating Co., LLC v. [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
SCOTUS to Decide Whether Class Action Counterclaims Can Be Removed Under Class Action Fairness Act
3 Oct 2018, 5:47 am by Wystan Ackerman
The Fourth Circuit rejected Home Depot’s argument that the Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. [read post]
Insurance Class Actions Insider - http://www.insuranceclassactions.com/
Allegations that Many Class Members Reside Out of State Satisfies Requirement for “Short and Plain Statement” in Notice of Removal
12 Dec 2017, 5:54 pm by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
The Court found that this information was sufficient to meet the Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Allegations that Many Class Members Reside Out of State Satisfies Requirement for “Short and Plain Statement” in Notice of Removal
12 Dec 2017, 5:54 pm by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
The Court found that this information was sufficient to meet the Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Failure to Rebut Evidence in Support of Motion to Remand Is Fatal
1 Dec 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
” Relying mainly on Dart Cherokee Basin Operating Co. v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Admissible Evidence Necessary When Amount in Controversy Called into Question
6 Nov 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
But the court rejected the sufficiency of this certification under Dart Cherokee Basin Operating Co. v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Defendant’s Assumptions To Calculate The Potential Liability Of The Purported Class Based On Sufficient Evidence Are Reasonable
20 Oct 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
Relying on Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Under Dart Standard Fifth Circuit Rules Plaintiffs’ Mere Denials Insufficient to Rebut Defendants’ Amount-In-Controversy Evidence
17 Oct 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
On appeal, the Fifth Circuit applied the standard recently articulated by the Supreme Court in Dart Cherokee Basin Operations Company, LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
The Allegations in the Complaint are Facially Sufficient to Establish an Amount-in-Controversy under CAFA
24 Apr 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
In response to the Whole Foods Defendants, the plaintiffs argued Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Interpretation and Effect of Forum Selection After Standard Fire Insurance Co. v. Knowles
21 Apr 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
Another interesting case according to the author is Dart Cherokee Basin Operating Co. v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Using an Amended Complaint to Clarify Jurisdictional Facts is an Exception to the General Rule that Courts Must Look at Pre-Removal Filings to Determine Jurisdiction
27 Mar 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
The defendant also argued that Weight was based on a strict presumption against removal, which conflicted with the Supreme Court’s clarification in Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Defendant’s Unreasonable Amount in Controversy Calculation Warranted Remand to State Court
28 Nov 2016, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
At the very outset, the District Court noted that in Dart Cherokee Basin Operating v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Sixth Circuit Adopts Bright Line Test for CAFA Removals
7 Apr 2016, 7:10 am by Greg Mersol
Ct. 1345 (2013) and Dart Cherokee Basin Operating Co., LLC v. [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
29 Jan 2016, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
  In such a case, the Fifth Circuit noted that the court must decide by a preponderance of the evidence whether the amount-in-controversy was met as specified in Dart Cherokee Basin Operating Co. v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Fifth Circuit weighs in on ambiguous class definition
13 Jan 2016, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
  The dissent acknowledged that the Supreme Court in Dart Cherokee Basin Operating Co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Ninth Circuit Reverses Remand Order In Putative Employment Class Action.
30 Nov 2015, 4:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
  Additionally, the Supreme Court recently clarified the removing defendant’s burden of proof in Dart Cherokee Basin Operating Company, LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
California Court Applies Dart Cherokee To Retain Jurisdiction Despite Evidentiary Objections
1 May 2015, 8:48 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
Cal. 2015) A district court in California applied the ruling in Dart Cherokee Basin Operating Co. v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
CAFA Law Blog Editors Publishes Article Arguing that Supreme Court’s Dart Cherokee Decision Creates Presumption in Favor of CAFA Removal
9 Apr 2015, 6:54 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
 A copy of the article can be found here: PDFArtic In their article, the authors argue that the Supreme Court’s decision in Dart Cherokee Basin Operating co., LLC v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/