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BELL v. HERSHEY CO.

No. 08-2458.

557 F.3d 953 (2009)

James BELL, Plaintiff-Appellee, v. The HERSHEY COMPANY; Mars, Inc.; Masterfoods USA; Nestle USA; Cadbury Adams USA, LLC, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2009.

Attorney(s) appearing for the Case

Christopher Landau, argued, Washington, DC, Todd A. Strother, John C. Cortesio, Jr., Robert L. Fanter, Mark E. Weinhardt, Edward W. Remsburg and John Moorlach, Des Moines, IA, Craig S. Primis, Angela M. Butcher, Jennifer W. Cowen, Stefan M. Meisner, Roxann E. Henry, Washington, DC, David Marx, Jr., Chicago, IL, Dennis P. Orr, new York City, on the brief, for Plaintiff-Appellee.

Joseph R. Gunderson, argued, Des Moines, IA, David E. Sharp, on the brief, Houston, TX, for Defendants-Appellants.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

MURPHY, Circuit Judge.

James Bell brought a purported class action in an Iowa court against five chocolate manufacturers for alleged violations of state antitrust laws. The manufacturers filed a notice of removal to the federal district court under the Class Action Fairness Act of 2005 (CAFA), and Bell moved to remand to state court. After concluding that the amount in controversy was below the federal jurisdictional minimum, the district court remanded the case for...

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