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IN RE HANNAFORD BROS. CO. CUSTOMER DATA SEC.

No. 09-1393.

564 F.3d 75 (2009)

In re HANNAFORD BROS. CO. CUSTOMER DATA SECURITY BREACH LITIGATION. Thomas T. Grimsdale, III, Plaintiff, Appellee, v. Kash N' Karry Food Stores, Inc. d/b/a Sweetbay Supermarket and Sweetbay Liquors, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 1, 2009.

Attorney(s) appearing for the Case

Clifford H. Ruprecht with whom William J. Kayatta, Gavin G. McCarthy, and Pierce Atwood LLP were on brief for appellant.

David J. Metcalf with whom Christopher T. McRae, McRae & Metcalf, P.A., Richard L. Coffman, and The Coffman Law Firm were on brief for appellee.

Before LYNCH, Chief Judge, FARRIS and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

This appeal presents an issue of first impression for this circuit regarding the application of the home state exception to federal jurisdiction under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4. Congress enacted CAFA in response to perceived abuses by plaintiffs' counsel in keeping class action cases of national importance out of the federal courts. See CAFA § 2(a)(4), 119 Stat. at 5; see also Amoche...

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