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STRAWN v. AT & T MOBILITY LLC

No. 07-2084.

530 F.3d 293 (2008)

James STRAWN and James Staton, individually, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. AT & T Mobility LLC, f/k/a Cingular Wireless LLC, Defendant-Appellant, and Cingular Wireless, a foreign corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Wakefield, Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, West Virginia, for Appellant. William L. Bands, Bell & Bands, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Scott L. Winkelman, Jennifer N. Waters, Lynn E. Parseghian, Katherine J. Nesbitt, Crowell & Moring, LLP, Washington, D.C., for Appellant. Harry F. Bell, Jr., Tim J. Yianne, Bell & Bands, PLLC, Charleston, West Virginia, for Appellees.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILLIAMS and District Judge WILLIAMS joined.

OPINION

NIEMEYER, Circuit Judge:

After AT & T Mobility LLC, formerly known as Cingular Wireless LLC, removed a class action from a West Virginia state court to federal court under the Class Action Fairness Act of 2005, the district court remanded the case, finding that AT & T failed to show that the matter in controversy exceeded the sum or value of $5 million, exclusive of interest and costs, the jurisdictional threshold established by the Class...

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