1st Circ. Returns Kash N' Karry Action To Fla. Court

Law360, New York (May 4, 2009, 12:00 AM EDT) -- A federal appeals court has backed the home state exception of the Class Action Fairness Act and sent a putative class action over allegedly inadequate credit card protections on behalf of 1.6 million Kash N’ Karry Food Stores Inc. customers back to a Florida state court.

In a case of first impression, Judges Sandra L. Lynch, Joseph J. Farris and Michael Boudin of the U.S. Court of Appeals for the First Circuit on Friday upheld a lower court’s decision to remand the Florida action even though...
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