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Seventh Circuit clarifies that defendants may remove class actions unless it is “legally impossible” for $5 million or more to be at stake

  • Mayer Brown LLP
  • -
  • USA
  • -
  • April 18 2011

In a pair of recent decisions, the U.S. Court of Appeals for the Seventh Circuit has held that federal courts have jurisdiction over a class action that has been removed from state court when a defendant estimates that the $5 million amount-in-controversy requirement has been met, unless the plaintiff can show that it would be legally impossible to recover that amount