New Seventh Circuit CAFA opinion: Hart v. FedEx Ground Package System, Inc.

In Hart v. FedEx Ground Package System, Inc., ___ F.3d ___ (7th Cir. Aug. 9, 2006), the Seventh Circuit addressed two of CAFA's mandatory exceptions to federal jurisdiction, the "local controversy" exception and the "home-state controversy" exception. The court held that, while the defendant bears the burden of proving that CAFA's initial requisites to jurisdiction have been met, the plaintiff bears the burden of proving that an exception applies. In so holding, the court followed recent decisions of the Fifth and Eleventh Circuits, Frazier v. Pioneer Americas LLC, No. 06-30434, 2006 WL 1843629 (5th Cir. July 6, 2006) and Evans v. Walter Industries, Inc., 449 F.3d 1159, 1165 (11th Cir. 2006). The court also held that "plaintiffs have the right, through appropriate discovery, to explore the facts relevant to the court’s jurisdiction as the case progresses." (Slip op. at 13.) [Hat tip: CAFA Law Blog]