SCOTT v. CRICKET COMMUNICATIONS, LLC

No. 16-2300.

865 F.3d 189 (2017)

Michael A. SCOTT, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. CRICKET COMMUNICATIONS, LLC, f/k/a Cricket Communications, Inc., Defendant-Appellant. Chamber of Commerce of the United States of America, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2017.


Attorney(s) appearing for the Case

ARGUED: Charles Alan Rothfeld , MAYER BROWN LLP, Washington, D.C., for Appellant. Benjamin Howard Carney , GORDON, WOLF & CARNEY, CHTD, Towson, Maryland, for Appellee. ON BRIEF: Archis A. Parasharami , Matthew A. Waring , MAYER BROWN LLP, Washington, D.C., for Appellant. Martin E. Wolf , GORDON, WOLF & CARNEY, CHTD, Towson, Maryland, for Appellee. Kate Comerford Todd , Warren Postman , UNITED STATES CHAMBER LITIGATION CENTER, INC., Washington, D.C.; Ryan L. Bangert , BAKER BOTTS L.L.P., Dallas, Texas, for Amicus Curiae.

Vacated and remanded by published opinion. Judge Duncan wrote the opinion, in which Chief Judge Gregory and Judge Diaz joined.


This appeal concerns the degree of evidentiary specificity with which a removing defendant must prove jurisdiction to defeat a motion to remand under the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d). Defendant-Appellant Cricket Communications, LLC ("Cricket") removed...

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