The oral arguments earlier this week in Dart Cherokee Basin Operating Co. v. Owens, a U.S. Supreme Court case involving removal procedures under the Class Action Fairness Act, took an interesting and potentially surprising turn. The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under CAFA is required to submit evidence supporting federal jurisdiction along with the notice of removal. Based on the oral arguments, the answer will be no — defendants need not attach evidence to a notice of removal, but only if the court concludes that it has the power to reach the merits.
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