United States First Circuit

In an action involving the home state exception to federal jurisdiction under the Class Action Fairness Act, district court's grant of plaintiff's motion to remand is affirmed where: 1) the home state exception applies as the requirement that the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed refers to those described in plaintiff's complaint in the single state and not to previously filed national class actions; and 2) plaintiff did not improperly define the class in this case by requiring that all class members be Florida citizens.

Appellate Information

• Decided 05/01/2009
• Published 05/01/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, FARRIS  and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Clifford H. Ruprecht with whom William J. Kayatta, Gavin G. McCarthy, and Pierce Atwood LLP were on brief for appellant.


• For Appellees:
  
• David J. Metcalf with whom Christopher T. McRae, McRae & Metcalf, P.A., Richard L. Coffman, and The Coffman Law Firm were on brief for appellee.