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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.