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

Petition for Rehearing filed in Cappuccitti v. DirecTV case

Posted in Case Summaries

Well, it didn’t take long.  Unsurprisingly, DirecTV filed its petition for panel rehearing or rehearing en banc on August 9th, seeking rehearing of the Cappuccitti v. DirecTV decision by the Eleventh Circuit adding a requirement that at least one plaintiff allege damages exceeding $75,000 in addition to the other CAFA jurisdictional requirements.  Here’s a copy of the petition.   Mellissa Ingalls and Robyn Bladow, of the Los Angeles office of Kirkland & Ellis, and Matthew Richardson of the Altana office of Alston & Bird signed off on the peition for DirecTV. 

The statement of issues meriting rehearing has some interesting language:  "Under the guise of interpreting the Class Action Fairness Act . . . the panel decision in this case effectively repeals it.  The decision eliminates CAFA jurisdiction over class actions unless an individual plaintiff has a claim worth more than $75,000, even if the aggregate amount in controversy exceeds CAFA’s $5 million threshold.  Not only does this decision invent a new jurisdictional requirement that does not exist in the statute, but it also contradicts how courts around the country – including the United States Supreme Court – have interpreted CAFA since its enactment."  There’s a bunch more in the petition, so take a look if you’re as interested in this case as we at the CAFA Law Blog are.