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...
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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

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