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Removing Defendant's Burden

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Tailford v. Experian Info. Sols., Inc., No. 20-56344, 2022 U.S. App. LEXIS 5357 (9th Cir. Mar. 1, 2022)

As the party invoking federal judicial power, the removing defendant bears the burden of establishing the facts necessary to support Article III standing (with the manner and degree of evidence appropriate to the stage of litigation--which on a motion for remand means taking alleged facts to be true).  Here, Experian established plaintiffs' standing.  They alleged that Experian had violated 15… Read More