Case Detail

Dart Cherokee Basin Operating Co. v. Owens
On December 15, 2014, the U.S. Supreme Court overturned a lower court decision that made it much more difficult for out-of-state defendants to remove their lawsuits from state court to federal court. The ruling was a major victory for WLF, whose brief in the case argued that the district court’s decision relied on an extra-statutory presumption against removal that needed to be corrected. The Court agreed that the district court’s decision to remand the case to state court was based in part on its erroneous application of that presumption—a rule (heretofore endorsed by 10 federal appeals courts) that courts must “narrowly construe” removal statutes and resolve all doubts in favor of remand. The Court agreed with WLF that no such presumption exists when, as here, removal is sought pursuant to the Class Action Fairness Act (CAFA). The victory was especially gratifying to WLF because the Court relied on the presumption argument—not emphasized by the parties—on which WLF’s brief focused.
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More Information and Downloads:
5/29/2014: Download the Brief

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