Civil Practice: Class Action – Remand – Amount In Controversy

Where a shareholder, who filed a putative class action, included a stipulation limiting damages to an amount not exceeding $5 million, the stipulations are independently enforceable under the doctrine of judicial estoppel and are therefore binding, so the shareholder showed that it was legally impossible for the amount in controversy to meet the threshold under the Class Action Fairness Act, and remand to state court was appropriate.

Judgment is affirmed.

Rolwing v. Nestle Holdings, Inc. (MLW No.63269/Case No. 11-3445 – 8 pages)(U.S. Court of Appeals, 8^th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Missouri, Mummert, J. (Thomas E. Wack, St. Louis, argued for appellant) (Brian Ruschel, Cleveland, Ohio, argued for appellee).

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