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United States Seventh Circuit


In re Burlington N. Santa Fe Ry. Co., 09-8023

In plaintiffs' suit against defendants alleging that their failure to inspect and maintain a railroad trestle caused the town to flood damaging their property, judgment of the district court remanding the case to state court following plaintiffs' amendment of the complaint to omit the class allegations is vacated and remanded, as jurisdiction under CAFA is secure even though after removal the plaintiffs amended their complaint to eliminate the class allegations, because the well-established general rule is that jurisdiction is determined at the time of removal, and nothing filed after removal affects jurisdiction.

Appellate Information

  • Decided 05/19/2010
  • Published 05/19/2010

Judges

  • PER CURIAM., Before KANNE, WOOD, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Timothy R. Thornton, Minneapolis, MN, for Petitioners.

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