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.

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