Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 3:17-cv-00043—Pamela Lynn Reeves, District Judge.
Argued: October 31, 2017
Decided and Filed: November 2, 2017
Before: GIBBONS, SUTTON, and THAPAR, Circuit Judges.
SUTTON, Circuit Judge. The Class Action Fairness Act of 2005 extends federal court
jurisdiction to class actions on behalf of 100 or more people and in request of $5 million or more
in damages so long as “any member of a class of plaintiffs is a citizen of a State different from
any defendant.” 28 U.S.C. §§ 1332(d)(2)(A), (d)(5), (d)(6). At issue is the quoted phrase.
Randy Roberts filed this class action on behalf of Tennessee citizens in Tennessee state court
against Mars Petcare US, a citizen of Tennessee and Delaware. Mars removed the case to
federal court, invoking its Delaware citizenship and claiming its Tennessee citizenship did not
matter. Because § 1332(d)(2)(A) refers to all of a defendant’s citizenships, not the alternative
that suits it, Mars cannot rely on its State of incorporation (Delaware) and ignore its principal
place of business (Tennessee) to create diversity under the Act. We reverse the district court’s
denial of the plaintiff’s motion to remand the case to state court.