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HARRIS v. KM INDUSTRIAL, INC.

No. 20-16767.

980 F.3d 694 (2020)

Levone HARRIS, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. KM INDUSTRIAL, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2020.

Attorney(s) appearing for the Case

Bradley J. Hamburger (argued), Katherine V.A. Smith , and Megan Cooney , Gibson Dunn & Crutcher LLP, Los Angeles, California; Carlos Jimenez , Littler Mendelson P.C., Los Angeles, California; for Defendant-Appellant.

Shaun Setareh (argued), Setareh Law Group, Beverly Hills, California, for Plaintiff-Appellee.

Opinion by Judge Eaton; Dissent by Judge Collins.

OPINION

In order to remove a case commenced as a class action in a state court, the Class Action Fairness Act of 2005 ("CAFA") requires that the removing defendant allege that the amount in controversy exceeds $5 million. 28 U.S.C. § 1332(d)(2). Here, the plaintiff factually attacked the defendant's allegations regarding...

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