How often does this happen? The plaintiffs file a class action lawsuit. The defendant moves to dismiss. The district court rules. The aggrieved party appeals. The appellate court decides, sua sponte, that it didn’t have subject matter jurisdiction in the first place. Both sides file petitions for rehearing, and both make very similar arguments as to why the appellate court is wrong. Not your ordinary, everyday occurrence in the class action litigation world, but then, Cappuccitti isn’t your ordinary, everyday class action case.
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