U.S. Court of Appeals for the Eleventh Circuit

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Eleventh Circuit reverses prior position

October 15, 2010

On rehearing, the Eleventh Circuit reversed a prior position that the Class Action Fairness Act does not require at least one plaintiff in a class action to meet the $75,000 threshold before a class action can be heard in federal court.

U.S. Chamber files amicus brief addressing jurisdiction under Class Action Fairness Act

August 18, 2010

NCLC urged the Eleventh Circuit to reconsider a recent panel opinion that would undermine the Class Action Fairness Act (CAFA). The plaintiffs in this case sued DirecTV to recover early cancellation fees, asserting jurisdiction under the Class Action Fairness Act. The Eleventh Circuit ruled that the district court lacked jurisdiction to hear the complaint because no plaintiff raised a claim over the $75,000 threshold required by Section 1332 of CAFA. In its brief, NCLC argued that rehearing is warranted because the panel decision would unsettle many pending and resolved class actions and lead to duplicative litigation in state courts. NCLC warned that class actions are prone to abuse, particularly in state courts.

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