Walker v. Trailer Transit, Inc.

Federal 7th Circuit Court
Civil Court
Class Action Fairness Act
Case Number: 
No. 13-8015
Decision Date: 
August 23, 2013
Federal District: 
Petition to Appeal, Order of S.D. Ind., Indianapolis Div.
Petition granted and order affirmed
Dist. Ct. did not err in denying plaintiff-class representative’s motion to remand class action back to state court, where defendant had removed plaintiffs’ breach of contract claim to federal court pursuant to Class Action Fairness Act (CAFA), and where plaintiff alleged that said removal took place beyond applicable 30-day period for doing so. Record showed that said removal came within 30 days after plaintiff’s response to defendant’s request for admission of facts as to plaintiff’s theory of damages, and that said response was first time that defendant had actual notice that plaintiff’s theory of damages could generate monetary award that exceeded $5 million threshold for removing cases to federal court under CAFA.