November 30, 2015 Articles

What Are the Effects of Dart Cherokee on Eighth Circuit Removal Practice?

The case came out of the Eighth Circuit. Class action litigators should understand how it changed CAFA in that circuit

by Christopher J. Schmidt and Timothy J. Hasken

The U.S. Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014), continues the recent expansion of federal jurisdiction over class actions by allowing defendants to more easily remove putative class actions to federal court. Seizing on the plain language of the removal statute 28 U.S.C.A. § 1446(a), Dart Cherokee held that a notice of removal must only contain “a short and plain statement of the grounds for removal” and not supporting evidence. As a result, defendants can now wait until a plaintiff files a motion to remand to present evidence that supports jurisdiction rather than rushing to gather evidence to support each ground in the notice within the 30-day time period for removal.

Premium Content For:
  • Litigation Section
    • Class Actions and Derivative Suits
Join - Now