| name | cafa-notice-of-removal |
| title | CAFA Notice of Removal |
| description | Drafts a Notice of Removal under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d), transferring a state court class action to federal court. Covers minimal diversity, aggregate amount in controversy exceeding $5 million, 100+ class members, CAFA exceptions, unanimity, timeliness, and required exhibits. Use when a defendant needs to remove a state-filed class action to federal court within 30 days of service. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/cafa-notice-of-removal |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
CAFA Notice of Removal
Drafts a procedurally compliant Notice of Removal invoking federal jurisdiction under CAFA for class actions filed in state court. The removing party bears the burden of establishing jurisdiction; removal statutes are strictly construed against removal.
Prerequisites
Collect before drafting:
- State court complaint with all exhibits and filing date
- Service documents — date and method of service on each defendant
- State court docket sheet
- Party citizenship — state of incorporation + principal place of business (corporate); domicile (individual)
- Class size evidence — basis for 100+ putative members
- AIC basis — prayer for relief, damages model, or other support for aggregate amount > $5,000,000
- Co-defendant consents — written consent from all other properly served defendants (if not co-signing)
Output Structure
Draft the notice with these ten sections in order:
1. Caption and Title
- Federal district court and correct division; case style mirroring state court caption
- State court case number
- Title:
NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. §§ 1332(d), 1441, AND 1446
2. Introductory Statement
- Identify removing defendant(s), originating state court, and county
- Cite statutory basis: 28 U.S.C. §§ 1441(a), 1446, and § 1332(d)
- State complaint filing date, service date, and affirm filing within 30 days
3. CAFA Jurisdictional Elements
| Element | Threshold | Show |
|---|
| Minimal diversity | ≥1 class member diverse from ≥1 defendant | Named plaintiff + defendant citizenships; corporate = state of incorp. + principal place of business (Hertz Corp. v. Friend, 559 U.S. 77) |
| Amount in controversy | >$5M aggregate (excl. interest and costs) | (est. class size) × (per-member damages) + penalties/multipliers/fees. Good-faith short plain statement suffices (Dart Cherokee, 574 U.S. 81) |
| Class size | ≥100 putative members | Cite complaint class definition and size allegations |
4. CAFA Exceptions Analysis
Address each exception with a risk of application:
