In Lewis v. Verizon Comms., Inc., No. 10-56512, a class action claiming that Verizon billed plaintiffs for services they never ordered, the court vacated the district court's remand order where the removing defendant supplied an affidavit to show that the potential damages could exceed the jurisdictional amount, and this showing satisfied Verizon's burden.
As the court wrote: "This is an appeal under the Class Action Fairness Act ("CAFA"), Pub. L.
No. 109-2, 119 Stat. 4 (2005) (codified in scattered sections of 28 U.S.C.). The Act authorizes the removal of class action lawsuits from state to federal court where the amount in controversy exceeds $5 million, exclusive of interest and costs. 28 U.S.C. § 1332(d)(2). The issue before us is whether the district court properly remanded the case to state court on the ground that this requirement was not satisfied."