Cappuccitti V. DirecTV Re-Revisited

Law360 (December 10, 2010, 11:57 AM EST) -- On Oct. 15, 2010, the Eleventh Circuit reversed its own ruling that would have deprived federal courts of jurisdiction in cases filed under the Class Action Fairness Act of 2005's jurisdictional requirements in the removal context, and re-revisited its decision in Cappuccitti v. DirecTV Inc. The circuit court vacated its previous decision and held that there are no requirements in a class action brought originally or on removal under CAFA that an individual plaintiff's claim exceed $75,000. The court additionally found that pursuant to Georgia law, the individual plaintiff could be forced to arbitrate his claim as an individual pursuant to previously agreed upon contractual terms....

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