Delores Lewis v. Verizon Communications, Inc.

This is an appeal under the Class Action Fairness Act (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4 (2005) (codified in scattered sections of 28 U.S.C.). The Act authorizes the removal of class action lawsuits from state to federal court where the amount in controversy exceeds $5 million, exclusive of interest and costs. 28 U.S.C. § 1332 (d)(2). The issue before us is whether the district court properly remanded the case to state court on the ground that this requirement was not satisfied.

CAFA mandates a prompt disposition of controversies that arise over issues relating to jurisdiction under the Act. All of the deadlines have been satisfied by the parties, thus an appeal must be decided within 60 days after it is filed. 28 U.S.C. § 1453 (c)(2). Hence, we are required to decide this appeal no later than November 22, 2010, 60 days after the petition for appeal was granted. See Amalgamated Transit Union v. Laidlaw Transit Services, Inc., 435 F.3d 1140 , 1144 (9th Cir.2006) (“[Tjhere is no appeal until the petition for permission is granted, and the entry of the order granting permission serves as the notice of appeal for all timing issues.”).

In this circuit, when the…