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Coleman v. Estes Express Lines, Inc., No. 10-80152

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By FindLaw Staff on November 30, 2010 1:00 PM

Class Action Fairness Act Permission to Appeal Granted

In Coleman v. Estes Express Lines, Inc., No. 10-80152, a class action based on multiple alleged violations of California wage and hour statutes, the court granted defendant's application to appeal from the district court's remand order under the Class Action Fairness Act, holding that the array of courts on both sides of the question decided by the district court indicated that it was at least "fairly debatable" and that appellate review would be useful.

 

As the court wrote:  "Bradford Coleman sued Estes Express Lines, Inc. and Estes West, individually and on behalf of a proposed class, in California state court. Estes Express removed to federal district court under the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat. 4 (2005). The district court remanded to state court because the case involved a local controversy under 28 U.S.C. § 1332(d)(4). Pursuant to 28 U.S.C. § 1453(c)(1), Estes Express has applied for leave to appeal that order."

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