Petition of the day
on May 17, 2017 at 11:23 pm
The petition of the day is:
Issues: (1) Whether the U.S. Court of Appeals for the 6th Circuit correctly held – in conflict with the U.S. Courts of Appeals for the 5th, 7th, 8th, 9th, 10th and 11th Circuits – that a plaintiff seeking the remand of a class action, in which class membership is not limited to forum-state citizens, need not present any evidence that greater than two thirds of proposed class members are such citizens; and (2) whether the 6th Circuit correctly held – consistent with the 9th Circuit, but in conflict with the 5th, 10th and 11th Circuits – that a plaintiff seeking remand has adequately pled that a particular defendant’s conduct forms a “significant basis” of the class’s claims when it has made only undifferentiated and conclusory allegations regarding the conduct of multiple defendants.
