DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123381P.pdf 09/05/2013 CMH Homes, Inc. v. Thomas Goodner
U.S. Court of Appeals Case No: 12-3381
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and Rose,
District Judge]
Civil case - Federal Arbitration Act. Here plaintiffs filed a putative
class action in state court raising claims under the Arkansas Deceptive
Trade Practices and Unfair Practices acts, and defendants removed the case
to federal court and asked the court to compel arbitration of the claims;
when asked by plaintiffs to remand the case to state court and dismiss the
arbitration petition for lack of subject matter jurisdiction, the district
court properly looked through the arbitration petition to the state court
complaint to determine the amount in controversy; however, the case must
be remanded for the district court to calculate an amount in controversy
and to determine whether it has jurisdiction over the putative class
action under 28 U.S.C. Sec. 1332(d)(2)