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AMOCHE v. GUARANTEE TRUST LIFE INS. CO.

No. 08-2094.

556 F.3d 41 (2009)

Frederick AMOCHE; Jon Valliere; Diane Dauphinais, for themselves and on behalf of all others similarly situated, Plaintiffs, Appellees, v. GUARANTEE TRUST LIFE INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 13, 2009.

Attorney(s) appearing for the Case

Francis A. Citera with whom Christopher Cole, Sheehan, Phinney, Bass & Green, P.A., Kimberly M. DeShano, and Greenberg Traurig, LLP were on brief for appellant.

Edward K. O'Brien with whom O'Brien Law Firm, P.C., Charles G. Douglas III, Jason R.L. Major, and Douglas, Leonard & Garvey, P.C. were on brief for appellees.

Before LYNCH, Chief Judge, SELYA and SILER, Circuit Judges.

LYNCH, Chief Judge.

The Class Action Fairness Act of 2005 ("CAFA") provides for removal to federal court of state class actions that satisfy the statute's minimal diversity and class size requirements and have more than $5 million in controversy. See 28 U.S.C. §§ 1332(d), 1453. This case requires us to address for the first time the burden on a removing defendant to establish the amount in controversy under...

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