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USW, AFL-CIO, CLC v. SHELL OIL CO.

No. 10-55269.

602 F.3d 1087 (2010)

UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, on behalf of its members employed by defendants; Richard Floyd, individually and on behalf of all similarly situated current and former employees; and Eduardo Carbajal, individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellees, v. SHELL OIL COMPANY; Equilon Enterprises LLC, Dba Shell Oil Products US; and Tesoro Refining And Marketing Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2010.

Attorney(s) appearing for the Case

Timothy M. Rusche and William J. Dritsas, Seyfarth Shaw LLP, Los Angeles, CA; and Deanna L. Ballesteros and Angel Gomez, Epstein Becker & Green, P.C., Los Angeles, CA, for the defendants-appellants.

Robert A. Cantore, Gilbert & Sackman, Los Angeles, CA, for the plaintiffs-appellees.

Before: FERDINAND F. FERNANDEZ, BARRY G. SILVERMAN, and SUSAN P. GRABER, Circuit Judges.

SILVERMAN, Circuit Judge:

Defendants removed this putative class action from state court pursuant to the Class Action Fairness Act of 2005 (CAFA),1 28 U.S.C. §§ 1332(d), 1453. After denying class certification, the district court concluded that it no longer had jurisdiction and remanded the case to state court. We accepted defendants' appeal to consider whether the denial of class certification divests federal courts of jurisdiction...

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