SMITH v. NATIONWIDE PROPERTY AND CAS. INS. CO.

No. 07-5956.

505 F.3d 401 (2007)

Royce T. SMITH, Plaintiff-Appellee, v. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 1, 2007.

Rehearing Denied November 2, 2007.


Attorney(s) appearing for the Case

ON BRIEF: Craig A. Cohen, Darren L. Harrison, Nelson Levine de Luca & Horst, Blue Bell, Pennsylvania, Brian H. Trammell, Kennerly, Montgomery & Finley, Knoxville, Tennessee, for Appellant. Gordon Ball, Ball & Scott Law Offices, Knoxville, Tennessee, for Appellee.

Before: CLAY and GIBBONS, Circuit Judges; HOOD, Chief District Judge.


OPINION

HOOD, Chief District Judge.

Defendant-Appellant Nationwide Property and Casualty Insurance Company ("Defendant") appeals the decision of the district court, granting Plaintiff-Appellee Royce T. Smith's ("Plaintiff" or "Smith") Motion to Remand the matter to state court. Defendant argues that, under the Class Action Fairness Act ("CAFA"), it had established the requisite amount in controversy and that remand...

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