102635P.pdf   09/20/2010  Marlene Westerfeld  v.  Provident Funding Assocs, L.P.
   U.S. Court of Appeals Case No:  10-2635
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Bowman, Author, with Smith and Gruender, Circuit Judges]
   Civil case - Class Action Fairness Act.  District court's order
   remanding class action to state court is vacated, as district court erred in
   resolving any doubt regarding the applicability of the local-controversy
   exception in favor of remand.  Case is remanded for district court to resolve
   any doubt against the party seeking remand.  District court erred in
   concluding Independent was a significant defendant with respect to one
   of the classes as opposed to considering the claims of all the class
   members in the class action.  Case is remanded for district court to
   resolve any doubt against the party seeking remand and to consider
   whether Independent is a significant defendant for purposes of the local-
   controversy exception by considering all the claims in the action, not the
   claims on a class-by-class basis.