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LOWDERMILK v. U.S. BANK NATIONAL ASS'N

No. 06-36085.

479 F.3d 994 (2007)

Willene LOWDERMILK, Plaintiff-Appellee, v. UNITED STATES BANK NATIONAL ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2007.

Attorney(s) appearing for the Case

Timothy R. Volpert, Davis Wright Tremane LLP, Portland, OR, for the defendant-appellant.

Jacqueline L. Koch, Koch & Deering, Portland, OR, for the plaintiff-appellee.

Before THOMPSON, KLEINFELD, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

In this case we are called upon to resolve a question of first impression: Under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. 109-2, 119 Stat. 4 (2005), when the plaintiff has pled damages less than the jurisdictional amount, what must the defendant prove in order to remove the case to federal court? We reserved this question in Abrego Abrego v. The Dow Chemical Co.,

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