Class Action Fairness Act Blog Podcast

Finally! An Appellate Decision Recognizes the Distinction Between CAFA's Minimal Diversity Jurisdiction and Traditional Complete Diversity Jurisdiction.

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Sinopsis

Download the MP3 file of this posting. Saab v. Home Depot U.S.A., WL0249463601, No. 06-8014 (8th Cir. November 22, 2006) Automotive engineering versus mega home improvement? Nope, but this one might be just as interesting, in a perverse sort of way that only our brilliant CAFA aficionados would appreciate. The Eighth Circuit differentiates between traditional complete diversity jurisdiction and CAFA’s new minimal diversity jurisdiction in the context of appealing a remand related decision.The Eighth Circuit handed down a short opinion regarding the appeal provisions of CAFA and whether they are applicable to cases removed to federal court under traditional, complete diversity jurisdiction. This may be an important appellate court decision because it draws a distinction between complete diversity jurisdiction and minimal diversity jurisdiction under CAFA, where other courts have tended to blur this distinction, particularly in the context of jurisdictional burden of proof.  On N