Jessica Perry Examines Recent Appellate Decision Clarifying Class Action Removal Standard

Daily Journal | January.09.2015

Orrick employment law partner Jessica Perry recently spoke with the Daily Journal about a 9th U.S. Circuit Court of Appeals decision that clarified how to determine whether a class action can be removed to federal court. According to the Class Action Fairness Act, claims worth more than $5 million must be remanded from state court to federal court. In LaCross et al. v. Knight Transportation Inc., the appellate court ruled that the defendant had made reasonable assumptions to prove that the claims in that case were worth more than $5 million.

Ms. Perry believed that the appellate court decided LaCross correctly, noting, “When the defendant seeking removal relies on actual facts and makes reasonable assumptions that show the amount in controversy exceeds $5 million, the case may be litigated in federal court.” ​