Fritsch v. Swift Transportation Company of Arizona, LLC, No. 18-55746 (9th Cir. 2018)Annotate this Case
If a plaintiff would be entitled under a contract or statute to future attorneys' fees, such fees are at stake in the litigation and should be included in the amount in controversy. The Ninth Circuit reversed the district court's order remanding this action to state court under the Class Action Fairness Act (CAFA). The panel held that the district court erred in concluding that Swift failed to prove that the matter in controversy exceeded the sum or value of $5 million, as required for jurisdiction under CAFA. The panel held that defendants retained the burden of proving the amount of future attorney's fees by a preponderance of the evidence. Finally, the panel rejected plaintiff's contention that future attorneys' fees should not be included in the amount in controversy because they were inherently speculative.