A class action defendant has the burden of proof in attempting to remove
a case to federal court, the 2nd Circuit 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 statute’s requirement of
claims exceeding $5 million had been met in a case charging that the
Blockbuster video chain had been deceptive in promoting its no-late-fee
program.
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Posted on Thursday, December 28th, 2006. Filed under: Business Law, Law Misc
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