News & Analysis as of

Class Action Jurisdiction Removal

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BakerHostetler

Ninth Circuit Again Complicates CAFA Removal Standards

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Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was one permitting removal of more class action claims to federal court. ...more

Kilpatrick

Ninth Circuit: two pro-defendant decisions clarify burdens regarding CAFA’s $5 million jurisdictional threshold

Kilpatrick on

Takeaway: Class defendants prefer federal court. In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court, and any such analysis typically involves...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

Moore & Van Allen PLLC

U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not...

Moore & Van Allen PLLC on

A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address...more

King & Spalding

Supreme Court Limits Removal Authority of Counterclaim Defendants

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On May 28, 2019, a divided Supreme Court held in a 5–4 opinion that third-party counterclaim defendants cannot remove putative class actions to federal court under the general federal removal statute, 28 U.S.C. § 1441, or the...more

K&L Gates LLP

“Any Defendant” Does Not Really Mean “Any Defendant”

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The U.S. Supreme Court Limits Parties Entitled to Seek Removal of Class Action Claims Under CAFA - In a recent decision addressing federal court jurisdiction, the U.S. Supreme Court held that third-party counterclaim...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Foley & Lardner LLP

Facing a Class Action Complaint as a Third-Party Defendant? Time to Get Comfortable in State Court

Foley & Lardner LLP on

From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts.  Congress...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Supreme Court Rules on Class Action Removal Limits for Third-Party Counterclaim Defendants

In Home Depot U. S. A., Inc. v. Jackson, No. 17-1471 (May 28, 2019), the Supreme Court of the United States addressed whether third-party counterclaim defendants in class actions have authority under the general removal...more

BakerHostetler

When a Third-Party Defendant is Not a Defendant – Supreme Court Reinforces Removal Loophole

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In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S. Supreme Court recently held that third-party defendants in state court actions cannot remove...more

Bradley Arant Boult Cummings LLP

“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims

To the surprise of many observers (including us), the Supreme Court held last week in Home Depot USA Inc. v. George Jackson that a third-party defendant could not remove class action claims – under either the general removal...more

A&O Shearman

Supreme Court Holds That Third-Party Counterclaim Defendants May Not Remove An Action Based On The General Removal Statute Or CAFA

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On May 28, 2019, the Supreme Court held in a 5-4 decision authored by Justice Thomas that a third-party counterclaim defendant was not permitted to remove class action claims against it under the general removal statute, 28...more

Proskauer - Advertising Law

Supreme Court Limits Removal of Class-Action Counterclaims

On May 28, the Supreme Court decided Home Depot U.S.A. v. Jackson, 17-1471 (2019), ruling 5–4 that third-party counterclaim defendants may not remove class actions from state to federal court. The decision, besides keeping in...more

Seyfarth Shaw LLP

Supreme Court: Third-Party Defendants Cannot Remove to Federal Court

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It has long been established that a state-court plaintiff who is the subject of a counterclaim cannot remove the case to federal court. ...more

Carlton Fields

Supreme Court Declines to Remove Loophole in CAFA

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On May 28, 2019, Justice Clarence Thomas ­­— joined by unlikely allies Justices Ginsburg, Breyer, Sotomayor, and Kagan — wrote the 5-4 majority opinion holding that third-party counterclaim defendants in class actions do not...more

Seyfarth Shaw LLP

U.S. Supreme Court Rules That Third-Party Counterclaim Defendants Are Not Entitled To Removal Under The CAFA

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Seyfarth Synopsis: Defendants can remove lawsuits filed in state courts to federal courts if they meet the statutory requirements for removal under either 28 U.S.C. § 1441(a) or the Class Action Fairness Act. In Home Depot U....more

Faegre Drinker Biddle & Reath LLP

Stranded in State Court: Supreme Court Holds that Third-Party Counterclaim Defendants Cannot Remove Class-Action Counterclaims to...

The Lede - As Congress appreciated when it enacted the Class Action Fairness Act of 2005 (CAFA), large, multistate class actions are better suited for federal courts, not state ones. Following that logic, the Supreme Court...more

Eversheds Sutherland (US) LLP

Supreme Court rejects class-action counterclaim removal

The Supreme Court yesterday rejected a counterclaim defendant’s attempt to remove a would-be class action to federal court, holding that even where that defendant, Home Depot, was not an original plaintiff, there was no right...more

Troutman Pepper

Supreme Court Limits Counterclaim Defendants' Ability to Remove Suits to Federal Court

Troutman Pepper on

The Supreme Court recently clarified that third-party counterclaim defendants — parties who were not defendants in the original action, but were brought in as third-party defendants by virtue of the original defendant’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Home Depot v. Jackson

On May 28, 2019, the Supreme Court of the United States decided Home Depot U.S.A., Inc. v. Jackson, No. 17-1471, holding that neither the general federal removal statute nor the removal provision in the Class Action Fairness...more

Robinson+Cole Class Actions Insider

Supreme Court Rules That Third-Party Counterclaim Defendants Cannot Remove Class Actions Under the Class Action Fairness Act...

The U.S. Supreme Court held yesterday that a third-party defendant could not remove a class action to federal court under the Class Action Fairness Act (CAFA) because the term “defendant” as used in CAFA refers only to the...more

Locke Lord LLP

Home Depot U.S.A. v. Jackson: U.S. Supreme Court Confirms Counterclaim and Third-Party Defendants Cannot Remove Cases to Federal...

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The U.S. Supreme Court in Home Depot U. S. A., Inc. v. Jackson, No. 17-1471, 2019 WL 2257158 (U.S. May 28, 2019) held that a third-party defendant first named in a counterclaim cannot remove cases under either the general...more

A&O Shearman

U.S. Chamber Of Commerce's Institute Of Legal Reform Publishes Report On "Broken Securities Class Action System" And Proposes...

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On February 25, 2019, the U.S. Chamber of Commerce’s Institute of Legal Reform (the “ILR”) published a report entitled “Containing the Contagion: Proposals to Reform the Broken Securities Class Action System” (the “Report”)....more

Goodwin

Supreme Court Hears Argument on CAFA Removal

Goodwin on

On January 15, 2019, the Court heard arguments in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471, and is now set to answer the question of whether the Class Action Fairness Act (CAFA)—which permits removal by “any defendant”...more

Robinson+Cole Class Actions Insider

SCOTUS to Decide Whether Class Action Counterclaims Can Be Removed Under Class Action Fairness Act

The U.S. Supreme Court recently granted certiorari in Home Depot U.S.A. Inc. v. Jackson, No. 17-1471 to decide whether a defendant to a class-action counterclaim can remove the case to federal court under the Class Action...more

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