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Wednesday, January 27, 2010

Ind. Decisions - 7th Circuit clears up a jurisdictional question related to the Class Action Fairness Act of 2005

Lynne Marek of The National Law Journal has a story today that begins:

The 7th U.S. Circuit Court of Appeals has cleared up a jurisdictional question related to the Class Action Fairness Act of 2005, ending what Judge Richard Posner called the potential for "ping-pong" between the federal and state courts.

The court ruled this past Friday that even if a case transferred to federal court under the act fails to win class certification, it should still continue in the federal system. The opinion noted the 7th Circuit was joining the 11th Circuit in reaching that holding.

"Behind the principle that jurisdiction once obtained normally is secure is a desire to minimize expense and delay," Posner wrote in the unanimous Friday decision. "If at all possible, therefore, a case should stay in the system that first acquired jurisdiction. It should not be shunted between court systems; litigation is not ping-pong."

Posted by Marcia Oddi on January 27, 2010 08:35 AM
Posted to Ind. (7th Cir.) Decisions