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02/01/2012 12:51:17 PM EST

Fla. Federal Judge: Class Suit Over ATM Fees Belongs In Federal Court

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LexisNexis® Mealey's™ Daily Legal News

TAMPA, Fla. - A Florida federal judge on Jan. 26 rejected a motion to remand a class suit over alleged hidden ATM fees to Florida state court, finding that the amount sought and alleged number of potential class members meets the requirements of the Class Action Fairness Act (CAFA) and that the lead plaintiff failed to prove that CAFA's "local controversy" exception applies (Michael Heretick v. Publix Super Markets, Inc., No. 1102438, M.D. Fla.; 2012 U.S. Dist. LEXIS 9465). Full story on lexis.com