082458P.pdf   02/26/2009  James Bell  v.  The Hershey Company
   U.S. Court of Appeals Case No:  08-2458
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Murphy, Author, with Smith, Circuit Judge, and
   Limbaugh, District Judge]
   Civil case - Class Action Fairness Act. District court erred in
   remanding this removed class action to state court as the court incorrectly
   required the defendants to establish jurisdictional facts, here the amount
   in controversy, by a legal certainty standard rather than by preponderance
   of the evidence standard; on remand, if the manufacturers prove by a
   preponderance of the evidence that the amount in controversy is satisfied,
   remand to state court would only be appropriate if plaintiff can establish
   that it is legally impossible for him to recover in excess of the
   jurisdictional amount.