New unpublished Fourth Circuit CAFA opinion: Lanier v. Norfolk Southern Corp.

In a new unpublished opinion, Lanier v. Norfolk Southern Corp., 2007 WL 4270847 (4th Cir. Dec. 05, 2007), the Fourth Circuit denied a motion to remand under CAFA and refused to consider the plaintiffs' argument that the "local controversy exception" applied because that argument was raised for the first time on appeal. Slip op. at 7 n.2. [Via Federal Civil Practice Bulletin.]