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Abm Security v. Tyronedavis, Et

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SUBMITTED FEBRUARY 28, 2011

Before BAUER, KANNE, and SYKES,Circuit Judges.

ABM Security Services, Inc., petitions to appeal the district court’s remand of this case to state court pursuant to the Class Action Fairness Act, 28 U.S.C. § 1453(c)(1) (“CAFA”). The plaintiffs, employees of ABM, filed their proposed class action in Illinois state court, alleging that ABM violated the Illinois Minimum Wage Law (“IMWL”) when it failed to compensate employees for time spent working before and after their shifts. ABM removed the case to federal court asserting that the court had jurisdiction under CAFA. The district court concluded that ABM failed to show that the amount in controversy exceeds $5,000,000, as required to establish CAFA jurisdiction. 28 U.S.C. § 1332(d)(2). The parties do not dispute that CAFA’s other jurisdictional requirements are met. We grant ABM’s petition for permission to appeal and reverse the district court’s order remanding the case to state court.

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