8th Circ. Clarifies CAFA Local Controversy Exception

Law360, New York (September 20, 2010, 6:18 PM EDT) -- A federal appeals court ruled Monday that any doubt about the local controversy exception to the Class Action Fairness Act of 2005 cannot be construed in favor of the party that also bears the burden of proof to show that the exception applies in its case.

The party seeking remand to state court under the exception is the party that bears the burden of proof, so the balance of doubt cannot tip in its favor, a three-judge panel ruled in the U.S. Court of Appeals for...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

Westerfeld v. Independent Processing, LLC et al


Case Number

4:09-cv-01674

Court

Missouri Eastern

Nature of Suit

Fraud or Truth-In-Lending

Judge

John A. Ross

Date Filed

October 7, 2009

Law Firms

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.