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Georgene M. Vairo considers the first case to thoroughly explore the issue of burden of proof in a removal context under the Class Action Fairness Act, Schwartz v. Comcast Corp. Key questions considered were whether the original complaint provided the basis for federal jurisdiction under CAFA, and who had the burden of proving jurisdiction. Congress may have intended that the burden of proof be placed on the party resisting jurisdiction. But does that rule make sense?
November 18, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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