Tuesday, February 07, 2006

Diversity Jurisdiction Under the Telephone Consumer Protection Act. The Telephone Consumer Protection Act prohibits the sending of unsolicited junk faxes. The statute provides the state courts with exclusive jurisdiction. But the Second Circuit has held that where there is a basis for diversity jurisdiction, a federal district court can hear the case. The decision in Gottlieb v. Carnival Corp., decided on February 3, 2006, can be found at the Second Circuit website

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