No. 07-30195.

541 F.3d 318 (2008)

GENE AND GENE LLC, Individually and as representatives of the Class, Plaintiff-Appellee, v. BIOPAY LLC; Essex Insurance Company; Evanston Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 14, 2008.

Attorney(s) appearing for the Case

John Powers Wolff, III (argued), Christopher Keith Jones, Keogh, Cox & Wilson, Ltd., Philip Bohrer, Bohrer Law Firm, Baton Rouge, LA, for Plaintiff-Appellee.

André Collins Gaudin, Meredith Margaret Miceli, Burglass & Tankersley, Metairie, LA, for Essex Ins. Co.

Russell J. Gaspar (argued), Cohen Mohr, Washington, DC, David Boies Sharpe, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for BioPlay LLC.

Travis Louis Bourgeois, Sidney W. Degan, III, Keith Alex Kornman, Pamela G. Michiels, Degan, Blanchard & Nash, New Orleans, LA, for Evanston Ins. Co.

Before JONES, Chief Judge, and GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case comes to us as a Rule 23(f) interlocutory appeal from an order certifying a class of plaintiffs who allege violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, specifically unsolicited advertisements sent from one fax machine to another. Two questions are before the court. The first question, raised for the first time on appeal, is whether the district court had subject-matter jurisdiction over...


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