9th Circuit: Wrong Test Was Applied To Determine Class Jurisdiction

SAN FRANCISCO - A federal district court erred in applying the legal certainty test outlined in Lowdermilk v. U.S. Bank Nat'l Ass'n (479 F.3d 994, 1000 $(9th Cir. 2007$)) to determine whether the Class Action Fairness Act (CAFA) jurisdiction amount was met when the amount in controversy was not unambiguous, the Ninth Circuit U.S. Court of Appeals ruled Aug. 26, reversing an order to remand the wage-and-hour case to state court (Tuong Hoang, et al. v. Supervalu Inc., et al., No. 13-56183, 9th Cir.; 2013 U.S. App. LEXIS 17798).

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