No. 05-2733 CV.

436 F.3d 335 (2006)

Sherman GOTTLIEB, Plaintiff-Appellant, v. CARNIVAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2006.

Attorney(s) appearing for the Case

Andre K. Cizmarik (Anthony J. Viola, on the brief), Edwards Angell Palmer & Dodge LLP, New York, NY, for Plaintiff-Appellant.

Joseph J. Saltarelli, Hunton & Williams LLP, New York, NY, for Defendant-Appellee.

Before: OAKES, SOTOMAYOR, and WESLEY, Circuit Judges.

SOTOMAYOR, Circuit Judge.

This case presents the question of whether federal courts have diversity jurisdiction over private causes of action brought under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227. Plaintiff-appellant Sherman Gottlieb ("Gottlieb") appeals from a judgment of the United States District Court for the Eastern District of New York (Glasser, J.), entered on May 3, 2005, dismissing his claims under the TCPA for lack of subject...

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