PASADENA, Calif. - A California federal judge erred in applying the legal certainty standard to a wage-and-hour class complaint when trying to determine if the $5 million amount in controversy threshold under the Class Action Fairness Act (CAFA) was met, the Ninth Circuit U.S. Court of Appeals ruled Aug. 27, vacating an order to remand the suit to state court and ordering that the preponderance of the evidence standard be used (Robert Rodriguez, et al. v. AT&T Mobility Services LLC, No. 13-56149, 9th Cir.; 2013 U.S. App. LEXIS 17851).