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

By: dmc-admin//January 25, 2010//

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Civil Procedure
CAFA; jurisdiction

Federal jurisdiction under the Class Action Fairness Act does not depend on certification.

"Our conclusion vindicates the general principle that jurisdiction once properly invoked is not lost by developments after a suit is filed, such as a change in the state of which a party is a citizen that destroys diversity. E.g., St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 293-95 (1938); In re Shell Oil Co., 970 F.2d 355 (7th Cir. 1992) (per curiam). The general principle is applicable to this case because no one suggests that a class action must be certified before it can be removed to federal court under the Act; section 1332(d)(8) scotches any such inference."

Reversed and Remanded.

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

Petition for Leave to Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Posner, J.

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