Class Action
Dec. 8, 2023
The surprising evidentiary rule applicable to removal/remand motions
In putative class actions where a defendant attempts to remove a matter to federal court, one type of evidence that plaintiffs may not present is evidence related to defendant’s affirmative defenses.
Robin G. Workman
Partner
Workman Law Firm PC
177 Post St
San Francisco , CA 94108
Phone: (415) 782-3660
Fax: (415) 788-1028
Email: robin@workmanlawpc.com
Texas Tech Univ SOL; Lubbock TX
In many putative class actions, one of the first procedural moves plaintiffs often face is a defendant's attempt to remove the matter to federal court. When this occurs, plaintiffs must evaluate the evidence defendant submits to establish the necessary amount in controversy and, when appropriate, submit contrary evidence to demonstrate the inflated or incorrect nature of defendant's presentation. Interestingly, however, one type of evidence that plaintiffs may not pr...
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