News & Analysis as of May 9, 2025

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 -

Amending Away Federal Jurisdiction: Supreme Court Holds That Federal Jurisdiction Can Be Divested by Amendment

Bradley Arant Boult Cummings LLP on 2/12/2025

Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions...more

Supreme Court Announces Bright Line Rule in Determining Federal Courts’ Subject-Matter Jurisdiction

Carr Maloney P.C. on 1/23/2025

On January 15, 2025, the Supreme Court of the United States in Royal Canin U.S.A., Inc., et al. v. Wullschleger et al., upheld the Eighth Circuit’s decision, holding that when a plaintiff amends their complaint and deletes...more

Royal Canin v. Wullschleger: A Primer on Jurisdiction

Carlton Fields on 1/20/2025

In the Supreme Court’s latest opinion, Royal Canin U.S.A. Inc. v. Wullschleger, the court takes us back to basics on the basis for federal question and supplemental jurisdiction....more

Florida Real Property & Business Litigation Report, Volume 13, Issue 26

McGlinchey Stafford on 6/29/2020

Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more

Securities Class Action Filings Continue Record Pace

Skadden, Arps, Slate, Meagher & Flom LLP on 1/22/2020

Several securities litigation trends over recent years show no signs of abating in 2020. Federal securities class action filings seem likely to remain at elevated levels. Last year, for the third consecutive year, more than...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

Third-Party Removal Under CAFA

McGuireWoods LLP on 6/3/2019

On Tuesday May 28, 2019, the United State Supreme Court declined to afford state court third-party, class action defendants the ability to remove a class action to federal court. See Home Depot U.S.A., Inc. v. Jackson,...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 Locke 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

Supreme Court Decides Home Depot v. Jackson

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

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

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

Robinson+Cole Class Actions Insider on 5/29/2019

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

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

Troutman Pepper Locke on 5/29/2019

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

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Supreme Court of the United States › Removal › Class Action

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