Plaintiffs Seeking Remand Under CAFA Home State Exception Must Present Evidence of Putative Class Members’ Citizenship

Recently, the United States Court of Appeals for the Seventh Circuit ruled that a plaintiff seeking to remand a putative class action under the Class Action Fairness Act’s (“CAFA”) home-state exception must produce evidence allowing the court to determine the putative class members’ citizenship as of the date the case was removed to federal court.  The court suggested that a plaintiff might meet his or her burden by randomly sampling the citizenship of putative class members and extrapolating those results to the entire putative class

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