Category Archives local-controversy exception

Here's a quick refresher (plus a lesson) on CAFA's local-controversy exception: a district court must decline jurisdiction when more than two-thirds of the proposed class members are citizens of the state in which the action was filed.  The two-thirds is determined as of the date of the filing of the complaint.  The party seeking remand (typically the class representative / plaintiff) has the burden of proving the exception applies. So what's the lesson? You cannot prove citizenship using solely a putative class member's last-known address.  Residency does not establish citizenship - i.e. the fact that a class member has (or once had) a residential address in Missouri does not mean that person is a citizen of Missouri. So how may class representatives meet their burden to prove CAFA's local-controversy exception?  Two ways: submit affidavit evidence or statistically significant surveys showing two-thirds of the class members are local citizens, or redefine the class as only…

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