Allapattah Services, Inc. v. Exxon Corp (Overruling Zahn)

Allapattah Services, Inc. v. Exxon Corp (Overruling Zahn) -...

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Unformatted text preview: Allapattah Services, Inc. v. Exxon Corp. 333 F.3d 1248 C.A.11 (Fla.),2003. June 11, 2003. (Approx. 16 pages) The district court's question forces us to address whether 28 U.S.C. § 1367 , the supplemental jurisdiction statute, overrules the United States Supreme Court's decision in Zahn , that "[e]ach plaintiff in a Rule 23(b)(3) class action must satisfy the jurisdictional amount, and any plaintiff who does not must be dismissed from the case." Upon our own review, we agree with our sister circuits that have held that the language of § 1367 clearly and unambiguously overrules Zahn and allows a district court entertaining a diversity class action to exercise supplemental jurisdiction over class members whose claims do not meet the jurisdictional minimum amount in controversy requirement. [FN4] Section 1367(a) provides, Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction...
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