In Judon v. Travelers Property Casualty Co. of America, 773 F.3d 495 (3d Cir. 2014) (No. 14-3406), the defendant removed a state court putative class action to federal court. The district court remanded the case to state court, and defendant appealed. The Third Circuit analyzed the standards applicable to jurisdictional disputes and held that where a challenge to jurisdiction has been raised but no evidence or findings in the trial court addressed the issue, the party alleging jurisdiction, such as with respect to the amount in controversy, must support jurisdiction by a preponderance of the evidence. Where the jurisdictional facts are not contested, and jurisdiction is determined in whole or in part by applicable law, the court must determine whether it is clear to a legal certainty that jurisdiction is improper. The court applied this standard to the determination of the number of class members. The complaint alleged that the class contained hundreds of members. There was no contesting evidence, and the Third Circuit found that it had not been shown to a legal certainty that jurisdiction was lacking.