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Gratt v. Etour & Travel, Inc.

Citation: 347 F. App'x 707Docket: No. 08-3511-cv

Court: Court of Appeals for the Second Circuit; October 2, 2009; Federal Appellate Court

Narrative Opinion Summary

Kevin Gratt appeals the district court's judgment dated September 14, 2007, which dismissed his putative class action for lack of subject matter jurisdiction. Gratt concedes that his argument against applying New York CPLR 901(b) in federal court is foreclosed by the Second Circuit's decision in Bonime v. Avaya, Inc., which establishes that class actions seeking statutory penalties cannot proceed unless explicitly authorized by the statute. The court emphasizes adherence to precedent unless overruled by the Supreme Court or the circuit sitting en banc, noting that Gratt did not cite any relevant intervening decisions that would warrant a departure from Bonime. Although he references Haywood v. Drown as an intervening Supreme Court case, it does not challenge Bonime's rationale. Therefore, the district court's judgment is affirmed.

Legal Issues Addressed

Adherence to Precedent

Application: The court affirmed the importance of following circuit precedents unless overruled by higher authority or relevant intervening decisions.

Reasoning: The court emphasizes adherence to precedent unless overruled by the Supreme Court or the circuit sitting en banc, noting that Gratt did not cite any relevant intervening decisions that would warrant a departure from Bonime.

Class Actions and Statutory Penalties

Application: The Second Circuit's precedent in Bonime v. Avaya, Inc. was applied, precluding class actions seeking statutory penalties from proceeding unless explicitly authorized by statute.

Reasoning: Gratt concedes that his argument against applying New York CPLR 901(b) in federal court is foreclosed by the Second Circuit's decision in Bonime v. Avaya, Inc., which establishes that class actions seeking statutory penalties cannot proceed unless explicitly authorized by the statute.

Intervening Supreme Court Decisions

Application: Gratt's reference to Haywood v. Drown as an intervening decision was dismissed as it did not challenge the rationale of Bonime.

Reasoning: Although he references Haywood v. Drown as an intervening Supreme Court case, it does not challenge Bonime's rationale.

Lack of Subject Matter Jurisdiction

Application: The district court dismissed the class action for lack of subject matter jurisdiction as the statutory requirements for such a class action were not met.

Reasoning: Kevin Gratt appeals the district court's judgment dated September 14, 2007, which dismissed his putative class action for lack of subject matter jurisdiction.