No More Conflict In NJ Over CAFA Amount In Controversy

Law360, New York (August 12, 2015, 11:59 AM EDT) -- Jeffrey H. Newhouse

Jaime B. Wisegarver Ever since Congress enacted the Class Action Fairness Act, courts throughout the country have struggled to define the appropriate evidentiary standard to apply when analyzing CAFA’s amount in controversy requirement. The uncertainty over which standard applies — “to a legal certainty” or “by a preponderance of the evidence” — proved especially important in New Jersey. That state is a hotbed of class action litigation, particularly in consumer and wage-and-hour cases in which the amount in controversy hovers close enough to $5 million to create some doubt about whether CAFA’s amount in controversy requirement is met...

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