In Cappuccitti v DirecTV, Inc (July 19, 2010), a panel of the US Court of Appeals for the Eleventh Circuit held that, in order for a federal court to have jurisdiction under the Class Action Fairness Act (CAFA), at least one plaintiff must satisfy the $75,000 amount in controversy requirement. The Court held this requirement existed in addition to CAFA’s requirement that the aggregate amount in controversy for the entire class exceed $5 million.

Following widespread criticism of the opinion as contrary to CAFA’s plain language, on October 15, 2010, the same Eleventh Circuit panel granted petitions for rehearing and vacated its earlier opinion. The panel stated: “Subsequent reflection has led us to conclude that our interpretation was incorrect,” and further clarified that “[t]here is no requirement in a class action brought originally or on removal under CAFA that any individual plaintiff’s claim exceed $75,000.” In dicta, the panel added that the $75,000 amount in controversy requirement continues to apply to Eleventh Circuit CAFA mass actions.