United States Third Circuit

In a class action brought against The Home Depot alleging fraud and breach of contract, involving vehicle rentals and late rental return fees, dismissal of the suit without prejudice pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b) is affirmed where: 1) there was jurisdiction over the appeal; 2) in the context of diversity removal and the Class Action Fairness Act (CAFA), a remand to state court was not warranted as plaintiff did not explicitly limit the amount in controversy in the complaint to $5 million or less, and under the applicable test, it did not appear to a legal certainty that plaintiff could not recover the jurisdictional amount; and 3) plaintiffs' claims were properly dismissed on the merits.

Appellate Information

• Argued 07/12/2007
• Decided 11/09/2007
• Published 11/09/2007

Judges

• ALDISERT, Circuit Judge., Before:  SLOVITER, ALDISERT and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Khalid A. Elhassan (Argued), Eichen Levinson & Crutchlow, LLP, Edison, NJ, for Appellant.


• For Appellees:
  
• Dwight D. Davis (Argued) S. Stewart Haskins, Tracy Klinger, King & Spalding, LLP, Atlanta, GA, Nicholas Stevens Starr, Gren, Davison & Rubin 103 Eisenhower Parkway, Roseland, NJ, for Appellee.