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Earl Blomberg, Et v. Service Corporation

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SUBMITTED MARCH 7, 2011

Before POSNER, WOOD, and HAMILTON, Circuit Judges.

Service Corporation International, SCI Funeral and Cemetery Purchasing Cooperative, Inc., and related individuals and entities (collectively “SCI”) have asked us to accept an appeal from 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 SCI, brought this proposed class action in Illinois state court, alleging that SCI maintained national policies and practices that failed to compensate its employees for all hours worked, in violation of the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law; they also raised other state claims. Asserting CAFA jurisdiction, SCI removed the case to federal court, but the district court concluded that SCI has failed to demonstrate by a preponderance of the evidence that the amount in controversy exceeds $5,000,000, as required to establish original jurisdiction under that statute. 28 U.S.C. § 1332(d)(2). The parties agree that CAFA’s other jurisdictional requirements are satisfied. For the following reasons, we grant the petition for permission to appeal and reverse the district court’s order remanding the case to state court.

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