Allapattah Services, Incorporated v. Exxon Corporation

TJOFLAT, Circuit Judge,

dissenting from the Denial of Rehearing En Banc, in which BIRCH, Circuit Judge, joins:

I dissent from this court’s decision to let the panel’s ruling stand because I disagree with the panel’s interpretation of the federal supplemental jurisdiction statute, 28 U.S.C. § 1367.1 This law does not empower federal courts to exercise supplemental jurisdiction over the claims of unnamed class members in diversity-based class actions who fail to satisfy the amount-in-eontroversy requirement of the federal diversity statute, 28 U.S.C. § 1332.2 The Supreme Court’s holding in Zahn…