ARTICLE · 04 APRIL 2012

I Won't Play "Ping-Pong" For Gift Cards

McGlinchey Stafford

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Clothier who paid The Situation not to wear its clothes gets to stay in federal court for voiding its own gift cards.

United StatesLitigation, Mediation & Arbitration

Article by CAFA Law Blog

Previously published by CAFA Law Blog on 29 March 2012.

Boundas v. Abercrombie & Fitch Stores, Inc., No. 10 C 4866, 2011 WL 5903495 (N.D. Ill. Nov. 21, 2011).

Clothier who paid The Situation not to wear its clothes gets to stay in federal court for voiding its own gift cards.

In this case, although the amount in controversy fell below CAFA's jurisdictional minimum after a District Court in California dismissed the complaint in part, it still retained the jurisdiction holding that a federal district court may not dispose of some claims on the merits, then dismiss the suit for lack of jurisdiction as the remaining claims fall short of the minimum amount in controversy.

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