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Cappuccitti v. DirecTV, Inc.

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.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.