Cappuccitti v. DirecTV, Inc. is vacated; new opinion remands the matter for further proceedings

Cappuccitti v. DirecTV, Inc., No. 09-14107, slip op. (11th Cir. July 19, 2010), held that at least one plaintiff in a class action must meet the amount in controversy requirement of 28 U.S.C. § 1332(a).  Today, the panel said, "Subsequent reflection has led us to conclude that our interpretation was incorrect. Specifically, CAFA’s text does not require at least one plaintiff in a class action to meet the amount in controversy requirement of 28 U.S.C. § 1332(a)."  Slip op., at 2.  Perhaps the initial opinion was trial balloon.  It did not float.