Litigation

Cappuccitti v. DirecTV, Inc.

By Ted Frank

The Class Action Fairness Act created 28 U.S.C. § 1332(d), a new category of federal diversity jurisdiction for class actions that exceeded $5 million in value. The Eleventh Circuit just issued an opinion proclaiming that CAFA jurisdiction only exists when the § 1332(a) requirement of more than $75,000 in controversy applies to at least one class plaintiff. This extraordinarily tendentious reading of the statute contradicts every other circuit to examine the issue—including the Eleventh. [Trask; Andrews @ Forbes; Steinman] Expect a 9-0 per curiam decision from the Supreme Court in the near future, assuming an en banc court doesn't correct the travesty.

Full post as published by Point of Law on July 29, 2010 (boomark / email).