Once defendant proves fundamentals of federal jurisdiction for purposes of Class Action Fairness Act of 2005, burden of persuasion shifts to plaintiff to show that home-state or local controversy exceptions to federal jurisdiction apply; sixty-day time limit for resolving CAFA appeals begins to run at time application to appeal is granted, not when application is filed.
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Posted on Friday, September 8th, 2006. Filed under: Law Misc, Litigation
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