August 20, 2010 09:19 Age: 4 yrs

Emory Law Student Wins IADC Legal Writing Contest

Emory Law student F. Elliotte Quinn 11L won first place in the 2010 International Association of Defense Counsel Legal Writing Contest for his comment, “A Real Class Act: The Class Action Fairness Act of 2005’s Amount in Controversy Requirement, Removal, and the Preponderance of the Evidence Standard.” Quinn received a cash prize for his work and his comment is being considered for publication in the Defense Counsel Journal.

“My article deals with the standard of proof by which defendants removing cases under the Class Action Fairness Act of 2005 must prove that the act's jurisdictional amount in controversy requirement is satisfied,” Quinn says.

According to Quinn, circuit courts have split over the standard to apply, with some circuits applying a strict legal certainty standard and others applying a preponderance of the evidence standard. His article examines the rationales in support of both standards and argues that the preponderance of the evidence standard is the correct standard of proof to apply.

The IADC Legal Writing Contest, open to all current law students, welcomes papers on subjects in the fields of tort law, insurance law, civil procedure, evidence or other areas of the law of practical concern to lawyers engaged in the defense or management of the defense of civil litigation.

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