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CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

Around the Blogosphere – Washington Legal Foundation files amicus brief in Cappuccitti

Posted in Around the Blogosphere

Here’s a post from the Washington Legal Foundation blog regarding its recent filing of an amicus curiae brief in the Cappuccitti v. DirecTV litigation:

On August 18, 2010, WLF urged the U.S. Court of Appeals for the Eleventh Circuit to reconsider a recent panel opinion that would severely undermine the Class Action Fairness Act (CAFA). In a brief filed in Cappuccitti v. DirecTV, Inc., WLF argued that the panel’s decision to dismiss the case for lack of federal jurisdiction under CAFA was not only contrary to binding circuit precedent, but wholly subverts the plain text of CAFA, which looks only to the aggregated amount of the class’s claims and not at the individual amount of any particular claim. As detailed in WLF’s brief, the primary goal of CAFA was to expand federal jurisdiction over large, multi-state class actions that did not satisfy the traditional requirements for diversity jurisdiction. 

Copies of the amicus brief and of the press release are included.  Read the brief – it’s very well done – enough so that  we’ll do a complete post focusing on it in the near future.