I. Whether the cost to the defendant of complying with an injunction sought by aplaintiffs' class may satisfy the amount-in-controversy requirement of the diversity statute, where such compliance would cost the defendant more than the §75,000minimum whether it covered the entire class or any single member of the class. 2. Whether, for purposes of applying th e amount-in-controversy requirement of thediversity statute, a class action claim fo r punitive damages should be attributed to each member of the class as an undivided whole, or instead must be apportioned toeach class member on a pro rata basis. CERT. GRANTED: 2/19/02Limited to question 1 presented by the petition. ORDERED: 9/13/02The parties are directed to file suppl emental briefs addressing the following question: "Is there appellate jurisdiction when petitioners, as the nominallyprevailing party in the district court, appeal the district court's dismissal of a complaint for lack of subject matter jurisdiction?
Is the amount-in-controversy requirement of the federal diversity statute satisfied where a class representative seeks an injunction that would cost the defendant more than $75,000 to implement whether the injunction applies to one plaintiff or all class members?Note:
. CA 9, 264 F.3d 952.