Blog Post

Jul 3, 2013

Eighth Circuit Rules that Class Action Fairness Act Removal Requires Only “Plausible” Evidence of Amount in Controversy

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Earlier this month, the Eighth Circuit weighed in on the issue of jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332 (d)(2), in Daniel Raskas v. Johnson & Johnson et al., Marjie Levy v. Pfizer Inc. and Leslie Yoffie v. Bayer Healthcare LLC (“Raskas”).  The Court held that the Defendants needed only explain “plausibly” how the amount in controversy may exceed $5 million, which Defendants did sufficiently through tendered affidavits.

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