Article: U.S. 4th Circuit Court: Dennison v. Carolina Payday Loans, Inc., US4th No. 08-2187

Civil Procedure

Diversity jurisdiction

BOTTOM LINE: Defendant failed to establish minimal diversity under the Class Action Fairness Act of 2005, because it could not demonstrate than any member of prospective class was a citizen of a State different from that of defendant.

CASE: Dennison v. Carolina Payday Loans, Inc., US4th No. 08-2187 (decided Dec. 12, 2008) (Judges NIEMEYER & Traxler) (Judge Agee, concurring in part and dissenting in part).

COUNSEL: Henrietta U. Golding, McNair Law Firm, PA, Myrtle Beach, SC, for Appellant. Joe R. Whatley, Jr., Whatley, Drake & Kallas, LLC, New York, NY, for Appellee.

FACTS: Carrie Dennison, a citizen of South Carolina, filed an action, in state court, ...

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