Frazier v. Pioneer Americas LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the Louisiana Department of Environmental Quality is a governmental entity under § 1332(d)(5)(A)
• determining that, in 28 U.S.C. § 1332(d)(5)(A), the presence of the definite article in “the primary defendants” means the clause refers to all the primary defendants
• holding the state action bar to CAFA jurisdiction applies only where all primary defendants are states, state officials, or other governmental entities against whom the district court may be foreclosed from ordering relief
• adopting the reasoning of the Eleventh Circuit in Evans and holding that the burden to prove an exception to CAFA jurisdiction rests with the party challenging removal
• finding clear congressional intent to place burden of proof on plaintiff
• “Unlike with § 1332(a), CAFA explicitly allows aggregation of each class member’s claim.”

Source: CourtListener parenthetical corpus (CC0).