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COLEMAN v. ESTES EXP. LINES, INC.

No. 10-56852.

631 F.3d 1010 (2011)

Bradford COLEMAN, individually, and on behalf of other members of the general public similarly situated, and as aggrieved employee pursuant to the Private Attorneys General Act ("PAGA"), Plaintiff-Appellee, v. ESTES EXPRESS LINES, INC., a Virginia Corporation; ESTES WEST, a business entity form unknown; G.I. Trucking Company, fka Doe 1, dba Estes West, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2011.

Attorney(s) appearing for the Case

Robert Ebert Byrnes , Mark Paul Estrella , Sue Jin Kim , Darrel Menthe , David M. Medby , Mirian Leigh Schimmel , Glenn Danas (argued), Initiative Legal Group APC, Los Angeles, CA, Payam Shahian , Strategic Legal Practices APC, Los Angeles, CA, for the plaintiff-appellee.

Timothy M. Freudenberger , Garrett V. Jensen , Carlton Disante & Freudenberger LLP, Irvine, CA, David Lee Terry , David L. Woodard (argued), Poyner Spruill LLP, Raleigh, NC, for the defendants-appellants.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge O'SCANNLAIN.

OPINION

W. FLETCHER, Circuit Judge:

Under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4 (2005), defendants may remove a diversity class action from state to federal court when, among other conditions, the parties are minimally diverse and the amount in controversy exceeds $5,000,000. 28 U.S.C. §§ 1332(d)(2), 1453(b). However, plaintiffs may obtain a remand to state court if the suit involves a local controversy....

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