The 4th Circuit reversed a decision of the U.S. District Court for the Southern District of West Virginia remanding this class action, which involved alleged violations of the West Virginia Consumer Credit and Protection Act, to state court. The district court found that the defendant, who sought removal to federal court, failed to show that the matter in controversy exceeded the jurisdictional threshold established by the Class Action Fairness Act. The appeals court reversed, concluding that the district court "either misread or construed too broadly" the issues raised by the complaint and the definition of the putative class. The appeals court accordingly remanded the matter to the district court for further proceedings.
Strawn v. AT&T Mobility LLC
July 2, 2008