• Seventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied
  • February 4, 2010 | Authors: Thomas M. Byrne; Thomas W. Curvin; Valerie S. Sanders; Steuart H. Thomsen
  • Law Firms: Sutherland Asbill & Brennan LLP - Atlanta Office; Sutherland Asbill & Brennan LLP - Washington Office
  • On Friday, January 22, 2010, the U.S. Court of Appeals for the Seventh Circuit held that a federal court does not lose Class Action Fairness Act (CAFA) jurisdiction over an action when class certification is denied. Cunningham Charter Corp. v. Learjet, Inc., &under;&under;&under; F.3d &under;&under;&under;, 2010 WL 199627 (7th Cir. Jan. 22, 2010). The Eleventh Circuit came to the same conclusion in Vega v. T-Mobile USA, Inc., 564 F.3d 1256 (11th Cir. 2009), noting that its vacating an order certifying a class action did not affect CAFA jurisdiction. Id. at 1268 n.12. The First Circuit declined to reach the issue in College of Dental Surgeons v. Connecticut General Life Insurance Co., 585 F.3d 33, 42 (1st Cir. 2009), although an earlier decision from the First Circuit, In re TJX Cos. Retail Sec. Breach Litig., 564 F.3d 489, 492 (1st Cir. 2009) suggested in dicta that CAFA jurisdiction might be eliminated by the denial of class certification. There is a split of authority on the question among district courts.