· 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 CourtListenerSourced 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.