DART CHEROKEE V. OWENS

​Issue: Administrative Law
Court: U.S. Supreme Court

Term: October 2013
​Oral Argument: October 7, 2014
Decided: December 15, 2014
Vote: 5-4
Opinion: Justice Ginsburg
Lower Court: U.S. Court of Appeals for the Tenth Circuit

Question Presented:
Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or whether alleging the required "short and plain statement of the grounds for removal" is enough.

RLC's Position:
The RLC joined other associations in a brief urging the U.S. Supreme Court to reverse the decision below and restore the proper removal practice under the Class Action Fairness Act (CAFA). The RLC asks the Court to ensure the Tenth Circuit conforms to this Court's precedent and to prevent arbitrarily heightened standards for defendants by holding that a defendant removing a suit to federal court is not required to submit evidence to prove jurisdictional facts in conjunction with filing a notice of removal.

Case Outcome:

In a 5-4 decision, the Court held that a defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; the notice need not contain evidentiary submissions.  

Procedural History and Case Documents:

• Petition for certiorari filed December 2013
• Petition granted April 2014
• SCOTUS Decision issued December 2014

Please use the DOWNLOAD button below to access the RLC's Brief.