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221702P.pdf 06/03/2022 Abraham Lizama v. Victoria's Secret Stores, LLC
U.S. Court of Appeals Case No: 22-1702
United States District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Shepherd and Grasz, Circuit Judges]
Civil case - Class Action Fairness Act. The district court did not err in
remanding this putative class action to state court as defendant failed to
establish that the amount in controversy exceeded $5 million as required
by the Act; while it is possible for injunctive relief to contribute to
the amount in controversy where the injunction would cause the defendant
to suffer financial loss, here the requested injunction regarding
defendant's collection of sales tax would simply prevent defendant from
collecting unnecessary tax that the company remits to the State of
Missouri; as a result, the injunction, if ordered would impose no cost on
defendant and the value of any taxes it would be prevented from collecting
could not be included in the calculation of the amount in controversy; nor
did defendant present any data or other evidence to support a reasonable
inference that the number of class members who would become repeat
purchasers was likely to be sufficient to generate the amount in disputed
taxes to bring the amount in controversy over $5 million.