Gay, et al. v. Morgan, et al.

Case Updates

NCLC urged the Supreme Court to grant review to resolve a circuit split to the burden faced by removing a defendant when it attempts to establish that plaintiff’s complaint meets the applicable amount-in-controversy. The court below, the Third Circuit, concluded that removing defendants must prove amount-in-controversy to a legal certainty while the majority of its sister circuits have required a mere preponderance of the evidence. The Chamber was a prime mover in obtaining congressional passage of the Class Action Fairness Act and this issue is vitally important to the proper functioning of removing class actions from state to federal court.