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.
United States Court of Appeals, Ninth Circuit.
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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