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United States Sixth Circuit


Smith v. Nationwide Prop. & Cas. Ins. Co., 07-5956

In a putative class action brought against defendant-insurer arising from an agreement to repair plaintiff's automobile, which was damaged in an accident with defendant's insured, a decision remanding the matter to state court is affirmed as, although the provisions of the Class Action Fairness Act (CAFA) are applicable to the matter at hand, defendant failed to demonstrate that the district court had original jurisdiction over the putative class action by virtue of an adequate amount in controversy.

Appellate Information

  • Decided 10/01/2007
  • Published 10/01/2007

Judges

  • Before: CLAY and GIBBONS, Circuit Judges;  HOOD, Chief District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Craig A. Cohen, Darren L. Harrison, Nelson Levine de Luca & Horst, Blue Bell, Pennsylvania, Brian H. Trammell, Kennerly, Montgomery & Finley, Knoxville, Tennessee, for Appellant.  Gordon Ball, Ball & Scott Law Offices, Knoxville, Tennessee, for Appellee.
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