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Cunningham Charter Corp. v. Learjet, Inc.

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SUBMITTED NOVEMBER 13, 2009

Before POSNER, COFFEY, and FLAUM, Circuit Judges.

Cunningham Charter Corporation sued Learjet, Inc. in an Illinois state court asserting claims for breach of warranty and products liability on behalf of itself and all other buyers of Learjets who had received the same warranty from the manufacturer that Cunningham had received. The defendant removed the case to federal district court under the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d), and the plaintiff then moved to certify two classes. The district judge denied the motion on the ground that neither proposed class satisfied the criteria for certification set forth in Rule 23 of the Federal Rules of Civil Procedure. The judge then ruled that the denial of class certification eliminated subject-matter jurisdiction under the Act, and so he remanded the case to the state court. Learjet petitioned for leave to appeal the order of remand. 28 U.S.C. § 1453(c). We granted the petition in order to resolve an issue under the Class Action Fairness Act that this court has not heretofore had to resolve.

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