Appellate Court Returns Cox Internet Speeds Case to Federal Court
A U.S. District Court in Santa Ana, California, erred in moving a complaint back to state court after defendant Cox Communications had it moved to federal court under the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals…
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said in a docket 19-55658 opinion Thursday. In the opinion written by Judge Milan Smith and joined by Judges Michelle Friedland and Michael Simon, the 9th Circuit said Cox didn't have to prove all of the plaintiffs in the class-action claim about its advertised internet speeds -- initially filed in state court in California -- would be from California, and that its belief that would be the case was sufficient to challenge state court jurisdiction. Plaintiff's outside counsel didn't comment Friday.