In Miedema v. Maytag Corp., ___ F.3d ___ (June 5, 2006), the Eleventh Circuit agreed with the Ninth Circuit that "less" is "more," and held that the seven-day period to file an application for permission to appeal a CAFA remand order is a deadline, not a waiting period: "[T]o read [the statute] literally would create an absurd result: there would be a front-end waiting period (an application filed 6 days after entry of a remand order would be premature), but there would be no back-end limit (an application filed 600 days after a remand order would not be untimely)." (Slip op. at 6-7.) My prior coverage of the Ninth Circuit's "less is more" decision, Amalgamated Transit Union Local 1309, AFL-CIO v. Laidlaw Transit Servs., Inc., 435 F.3d 1140 (9th Cir. 2006), is here and here.
The Eleventh Circuit also held that CAFA does not alter the rule that the defendant bears the burden of proving that jurisdiction exists, or the rule that removal stautes should be strictly construed and any doubts resolved in favor of remand. (Slip op. at 8-14.) The court then affirmed the district court's remand order, holding that the defendant had not proven the requisite amount in controversy by a preponderance of the evidence. (Slip op. at 14-19.) [Hat tip: How Appealing.]