9th Circ. Keeps Internet Speed Suit Against Cox In Fed. Court

Law360 (August 8, 2019, 9:06 PM EDT) -- A proposed class action accusing Cox Communications Inc. of lying about its internet service speeds will stay in California federal court, after the Ninth Circuit on Thursday said the cable company had adequately alleged that it is a citizen of a different state than the man bringing the suit.

A three-judge panel said that David Ehrman did not dispute the facts when challenging Cox's removal of the suit to federal court, but rather focused on Class Action Fairness Act requirements. Therefore, the court said, "Cox did not have to explain why it believed Ehrman or the putative class members were citizens...

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