The Seventh Circuit today resolved an issue that only one sister court — the Eleventh Circuit — had decided.  Both agreed that the Class Action Fairness Act doesn't kill federal court jurisdiction over a putative class action once the "putative" label vanishes due to an anti-class action ruling under Rule 23 of the Federal Rules of Civil Procedure.  Cunningham Charter Corp. v. LearJet, Inc., No. 09-8042, slip op. at (following Vega v. T-Mobile USA, Inc., 564 F.3d 1256, 1268 n.12 (11th Cir. 2009)).

Blawgletter notes that Judge Posner makes a strong practical case for keeping CAFA cases federal in spite of denial of class treatment.  Something about ping pong.  Good stuff.