8th Circ. Sets Bar Lower For CAFA Removals

Law360, New York (February 27, 2009, 12:00 AM EST) -- Setting up a split among circuit courts, the U.S. Court of Appeals for the Eighth Circuit has reversed a lower court ruling in a proposed antitrust class action filed against five chocolate makers, establishing a lower hurdle for defendants to clear when attempting to remove a case to federal court under the Class Action Fairness Act.

In a decision issued Thursday, the Eighth Circuit said defendants do not have to prove to a “legal certainty,” a tough standard to meet, that the amount in controversy is...
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