Philpot v. Best Buy Stores, L.P., No. 08-56 (W.D. Ky. Jul. 21, 2008)
Having sex at work is probably not a good idea. This lawsuit, originally filed in state court, primarily concerned the employment discrimination claims of two plaintiffs who had been fired after allegedly engaging in sexual misconduct at the Best Buy store where they worked. However, in addition to their retaliation claims, the plaintiffs also filed a class action stating that they were paid less than their male counterparts at Best Buy.
The defendants removed, in part, based on CAFA, and the plaintiffs filed a motion to remand. The Court found that while the defendants had established that over 100 potential class members existed, there was no evidence that the amount of the claims exceeded $5 million. Accordingly, the Court remanded the case back to state court.
So, Best Buy couldn’t quite get into federal court in this lawsuit via CAFA removal, but at least they’re having fun in the Kentucky store location.