United States Ninth Circuit

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Broadway Grill, Inc. v. Visa, Inc., 17-15499

In an appeal involving provisions of the Class Action Fairness Act (CAFA) to ensure that large class action cases are heard in federal court, 28 U.S.C. section 1332(d), brought by a restaurant alleging Visa is violating state antitrust laws by fixing rates and preventing merchants from applying a surcharge for the use of credit cards, the district court order remanding the case to state court is vacated where plaintiffs may not amend their complaint, after a case has been removed to federal court, to change the definition of the class so as to eliminate minimal diversity and there by divest the federal court of jurisdiction.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/18




  • United States Ninth Circuit


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