A class action defendant has the burden of proof in attempting to remove a case to federal court, the 2nd U.S. Circuit Court of Appeals ruled Wednesday in interpreting a 2005 law designed to expand federal jurisdiction over class actions.
The ruling returned the case to Southern District of New York Judge George B. Daniels to determine whether the 2005 statute’s requirement that claims of more than $5 million be at stake had been met in a case charging that the Blockbuster video chain had been deceptive in promoting its no-late-fee program.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
