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· 6/4/2015

In Touch Concepts, Inc. v. Cellco Partnership

Citations

  • 788 F.3d 98
  • 2015 U.S. App. LEXIS 9293
  • 2015 WL 3499613

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • extending principle that “a post-removal amendment does not defeat federal jurisdiction premised on a federal question or on diversity” to case removed under the Class Action Fairness Act
  • “jurisdiction under CAFA is secure even though, after removal, the plaintiffs amended their complaint to eliminate the class allegations.”
  • “After proper removal to federal court, post- removal amendments generally do not destroy statutory subject-matter jurisdiction.”
  • “[F]or the purpose of analyzing statutory subject-matter jurisdiction, the Supreme Court has treated amended complaints in removal cases with flexibility,” to ensure federal jurisdiction can be maintained.
  • “Since a post-removal amendment does not defeat federal jurisdiction premised on a federal question or on diversity, we cannot see why it would defeat federal jurisdiction under CAFA.”
  • plaintiff filed tort claims in its individual capacity separate from its class claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Pooler, Hall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.