ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Miscellaneous Blogs -> Federal Civil Practice Bulletin

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Miscellaneous

: Federal Civil Practice Bulletin

S.D. Ill. Holds that Denial of Multistate Class Action Certification Ends Subject Matter Jurisdiction under CAFA

ADVERTISEMENTS
Per BNA's Class Action Litigation Report, Nov. 28, 2008:

Citing the disfavor of multistate class actions, and finding the denial of class status ended federal jurisdiction, a federal judge refused Nov. 12 to certify a class of purchasers of allegedly spontaneously-shattering glass-top patio tables (Ronat v. Martha Stewart Living Omnimedia Inc., S.D. Ill., No. 3:05-cv-00520, 11/12/08).

The multistate claims, asserted through the use of six subclasses, fell short of the requirement that a class action be manageable, Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois said.

Murphy drew on a recent decision by the U.S. Court of Appeals for the Seventh Circuit, Thorogood v. Sears, Roebuck & Co., No. 08-1590, 2008 WL 4709500 (7th Cir. Oct. 28, 2008) (9 CLASS 902, 11/14/08), which rejected class certification for ?half a million claims wrested from the control of the courts of 29 jurisdictions.?

Murphy joined those federal courts that found no subject-matter jurisdiction after the denial of class certification, and dismissed the case. Seven other district courts, Murphy observed, have determined they did not retain jurisdiction under the Class Action Fairness Act after denying class certification; three district courts have made the opposite ruling.

Full post as published by Federal Civil Practice Bulletin on December 01, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries

EB-1 and EB-2 Visa Status
Obtaining a Green Card Without Going Through the Labor Certification Process

Lawsuits and Settlements

Kia Motors America, Inc.
Kia Class Action Ends in $6 Million Verdict for Plaintiffs in NJ

LA Weight Loss
Recalls LA Hot Drinks Café Au Lait

Oil and Gas
industry workers allegedly subject to serious accident injury from hazardous conditions.

Vioxx Advertising
Merck agrees to pay $58 million settlement in multistate lawsuit.

Kentucky lawyers
fraud case ends in mistrial.

Explicit E-Mail
Adult website fined $413,000 in explicit e-mail matter.

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!


CAFA Class Action Defense Cases–In re Katrina Canal: Fifth Circuit Affirms Denial Of Motion To Remand Class Action To State Court Holding State Sovereignty Did Not Preclude Removal Of Class Action Under CAFA Because Citizens Were Class Members

Wal-Mart Class Action Defense Cases–Robinson v. Wal-Mart: Mississippi Federal Court Grants Wal-Mart Motion To Dismiss Labor Law Class Action Holding Rule 23(b) Requirements For Class Action Treatment Could Not Be Met

CAFA Class Action Defense Cases–Lussier v. Dollar Tree: Ninth Circuit Upholds Denial Of Attorney Fees For Flawed Removal Of Class Action Under Class Action Fairness Act Because Basis For Removal Was Objectively Reasonable

CAFA Class Action Defense Removal Cases–Springman v. AIG: Seventh Circuit Affirms Denial Of Plaintiff’s Motion To Remand Class Action To State Court Upholding Removal Jurisdiction Under Class Action Fairness Act (CAFA)

More Reading for CAFA Crazies: Ninth Circuit Holds That CAFA Does Not Override Anti-Removal Provision of Securities Act of 1933

New CAFA Decision From Second Circuit









0.0276 secs (new cache)