News & Analysis as of September 19, 2024

Class Action

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Developments in Association Law 2022 – 2024

Pillsbury Winthrop Shaw Pittman LLP on 9/16/2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Master of Its Choice of Forum?

Foley & Lardner LLP on 5/23/2024

On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state...more

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

Pierce Atwood LLP on 1/11/2024

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

Pleading Artifices and CAFA Removal: Circuit Development

Proskauer - Minding Your Business on 7/5/2023

The Class Action Fairness Act (“CAFA”), was enacted to make federal courts the primary venue for class action litigation. It did so by modifying the usual jurisdictional requirements of the diversity jurisdiction statute...more

Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees

Nelson Mullins Riley & Scarborough LLP on 2/3/2023

In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021),...more

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on 9/23/2021

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Supreme Court to Decide Whether Discovery Stays Apply to State-Court Securities Lawsuits This Fall

Proskauer - Corporate Defense and Disputes on 8/18/2021

One of the most significant differences between bringing a securities lawsuit in state versus federal court is the application of the mandatory discovery stay set forth in the Private Securities Litigation Reform Act (the...more

In the Wake of the Pandora’s Box Opened by the Supreme Court’s Cyan Decision, Court to Address Discovery Stay Question in State...

Seyfarth Shaw LLP on 7/14/2021

On July 2, 2021, the US Supreme Court granted the Petition for a Writ of Certiorari filed in Pivotal Software, to address one of the many questions stemming from the Court’s decision in Cyan, which permitted state courts to...more

Exclusive Federal Forum Selection Provisions for Securities Act Claims Held to be Valid in Delaware

Troutman Pepper on 3/23/2020

On March 18, in Salzberg v. Sciabacucchi, No. 346, 2019, the Delaware Supreme Court held that Delaware corporations may validly adopt forum selection provisions requiring that all claims arising under the federal Securities...more

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

Moore & Van Allen PLLC on 8/25/2019

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

Supreme Court Limits Removal Authority of Counterclaim Defendants

King & Spalding on 6/27/2019

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

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

K&L Gates LLP on 6/20/2019

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

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

Moore & Van Allen PLLC on 6/12/2019

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

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

Foley & Lardner LLP on 6/11/2019

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2019

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

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

BakerHostetler on 6/5/2019

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

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

Bradley Arant Boult Cummings LLP on 6/4/2019

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

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

A&O Shearman on 6/4/2019

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

Supreme Court Limits Removal of Class-Action Counterclaims

Proskauer - Advertising Law on 5/31/2019

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

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

Seyfarth Shaw LLP on 5/31/2019

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

Supreme Court Declines to Remove Loophole in CAFA

Carlton Fields on 5/31/2019

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

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

Seyfarth Shaw LLP on 5/30/2019

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

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

Faegre Drinker Biddle & Reath LLP on 5/30/2019

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

Supreme Court rejects class-action counterclaim removal

Eversheds Sutherland (US) LLP on 5/30/2019

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

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

Troutman Pepper on 5/30/2019

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

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Supreme Court of the United States › Jurisdiction › Class Action

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