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Removal Issue Under Class Action Fairness Act, Plus Antitrust and Criminal Cases

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By FindLaw Staff on June 09, 2010 5:02 PM

Pretka v. Kolter City Plaza II, Inc., No. 10-11471, concerned a class action alleging violations of the Florida Condominium Act as well as breach of contract.  The court of appeals reversed order remanding the action to state court, holding that 1) defendant established by more than a preponderance of the evidence that the amount in controversy exceeded $5 million; and 2) the jurisdictional evidence that defendant attached to its opposition to remand should not have been excluded merely because it was submitted in response to the plaintiffs' motion to remand.

Childers v. Floyd, No. 08-15590, involved a habeas petition challenging petitioner's convictions for money laundering, bribery, and unlawful compensation or reward for official behavior.  The court of appeals reversed the denial of the petition, on the grounds that 1) the trial court's failure to permit cross-examination of a witness's motive for changing his testimony deprived petitioner of a full opportunity to probe and expose the witness's testimonial infirmities; and 2) it was reasonable to infer that, had petitioner been able to cross-examine the witness fully, the witness's credibility could have been completely eviscerated.

Danner Const. Co. v. Hillsborough Cty. Fla., No. 09-13951, involved an antitrust action concerning Hillsborough County, Florida's establishment of a franchise system for waste collection.  The court of appeals reversed the district court's denial of defendants' motion to dismiss on state action immunity grounds, holding that, even if the Sherman Act preempted a state practice, if it was undertaken by state actors pursuant to an expressed anticompetitive state policy, then those actors were immune from liability.

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