Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
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Making Effective Use of the Claims/Disputes Process
The District Court of Delaware dismissed a generic drug company’s declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject matter jurisdiction after the generic...more
Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court –...more
The judgment of Mr Justice Henshaw of the High Court of England and Wales was handed down on 10 January 2022 in Barclays Bank plc v Shetty. The judge ruled that while the High Court will adjourn a hearing if it is in the...more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may confirm a plan containing nonconsensual third-party releases without exceeding...more
Earlier this month, the Federal Circuit ruled on an interesting case that discussed (1) when a case or controversy exists as to unasserted patent claims, and (2) the extent expert declarations affect a patent eligibility...more
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
On July 2, 2019, the First Department, in a unanimous decision written by Justice Dianne T. Renwick, reversed a decision of former Commercial Division Justice Eileen Bransten confirming an arbitration award....more
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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