Coleman
Coleman v. Estes Express Lines, Inc.
Opinion
Opinion
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.
This Circuit has not yet articulated criteria to determine when it is appropriate to hear discretionary appeals under CAFA. Here, we set forth criteria to guide a reviewing court. Applying those criteria to the facts of this case, we grant Estes Express’ application for leave to appeal.
I. Background
Estes Express is a Virginia-based corporation that acquired California-based G.I. Trucking in 2005. After the acquisition, G.I. Trucking became Estes West (d/b/a G.I. Trucking). Estes West operates as an “internal regional division” of Estes Express, much like Estes Express’ Southeast, Southwest, Northeast, and Upper Midwest regional divisions.