7th Circ. Ruling Forms Split On CAFA Jurisdictional Discovery

Law360 (November 25, 2019, 5:12 PM EST) -- A recent decision by the U.S. Court of Appeals for the Seventh Circuit left in its wake a circuit split affecting the class action bar.

The issue dividing the circuits is whether federal courts can permit discovery to determine diversity jurisdiction in cases removed under the Class Action Fairness Act of 2005, also known as CAFA. The Seventh Circuit says yes. The U.S. Court of Appeals for the Eleventh Circuit says no.

The Seventh Circuit recently severed the split in Dancel v. Groupon Inc.[1] In that case, an Instagram user alleged that Groupon, an e-commerce company, violated a state publicity statute...

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