Tenth Circuit

September 25, 2013 10:20 AM | Posted by Cheek, Christopher | Permalink
In Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-603, --- F.3d ----, 2013 WL 5200399 (10th Cir. Sept. 17, 2013) (Hartz, J., dissenting), the 10th Circuit denied a petition for rehearing en banc of a petition to appeal the district court’s order granting remand of a gas royalties class action. Four judges dissented from that denial of rehearing and provided useful guidance on the evidentiary requirements of CAFA removal: “it is important that this court inform the district courts and the bar of this circuit that a defendant seeking removal under CAFA need only allege the jurisdictional amount in its notice of removal and must prove that amount only if the plaintiff challenges the allegation.” Dart Cherokee, 2013 WL 5200399, at *5. read more
August 22, 2012 7:08 PM | Posted by Cheek, Christopher | Permalink
In Frederick v. Hartford Underwriters Ins. Co., 683 F.3d 1242 (10th Cir. 2012), the Tenth Circuit decided to apply a preponderance of the evidence standard for proving the amount in controversy when presented with a class action plaintiff who requested damages below the jurisdictional minimum. read more
July 2, 2012 9:13 AM | Posted by Katherine Heckert | Permalink
In Winzler v. Toyota Motor Sales U.S.A., Inc., ---F.3d---, No. 10-4151, 2012 WL 2236624 (10th Cir. June 18, 2012), a car owner brought a putative class action against Toyota, alleging an engine defect. At the same time, Toyota initiated a recall of the car model, offering all owners repair and replacement of faulty parts at no cost. The Court was faced with the basic question- does Winzler still have a case, or was it now rendered moot? Find out, after the jump. read more