United States Seventh Circuit

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Cunningham Charter Corp. v. Learjet, Inc., 09-8042

In plaintiffs' lawsuit asserting claims for breach of warranty and products liability on behalf of itself and other buyers of Learjets, denial of plaintiffs' motion to certify two classes and an order to remand the case back to the state court on the ground that the denial of the class certification eliminated subject-matter jurisdiction under the Class Action Fairness Act of 2005 (CAFA) is reversed and remanded as federal jurisdiction under the Class Action Fairness Act does not depend on certification.

Appellate Information

  • Submitted 11/13/2009
  • Decided 01/22/2010
  • Published 01/22/2010


  • POSNER, Circuit Judge., Before POSNER, COFFEY, and FLAUM, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • James F. Bennett, Dowd Bennett, Clayton, MO, for Plaintiff-Respondent., Ron A. Sprague, Gendry & Sprague, P.C., San Antonio, TX, for Defendant-Petitioner.