Brandon Campbell v. Vitran Express, Inc.

MEMORANDUM

Defendant-Appellant Vitran Express (“Vitran”), a North American shipping firm, appeals the district court’s order remanding this case to California state court for lack of jurisdiction under the Class Action Fairness Act (“CAFA”). 28 U.S.C. § 1453 . The issue in this case is whether there is more than $5 million in controversy. That such an amount, or more, be in controversy is a requirement to invoke the district court’s jurisdiction under CAFA. 28 U.S.C. § 1332 (d).

We review the district court’s remand order de novo. Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994 , 997 n. 3 (9th Cir.2007). We reverse and remand.

The complaint alleges that the amount in controversy is less than $5 million. Therefore, to be able to remove the case to federal district court court, Vitran has the burden of proving that the amount in controversy actually exceeds $5 million “by a legal certainty.” Lowdermilk, 479 F.3d at 997 . Under this standard, Vitran must show that it is “legally certain” that the amount in controversy exceeds $5 million, assuming the truth of the allegations in the complaint. See Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373, 376 (9th…