Difficult Questions On Class Action Removal At High Court
Law360 (January 23, 2019, 11:56 AM EST) -- On Jan. 15, 2019, the U.S. Supreme Court heard oral arguments in the case of Home Depot v. Jackson to determine whether, under the federal Class Action Fairness Act, a third-party defendant can remove to federal court class action claims that are brought as counterclaims by a defendant/third-party plaintiff.
The Supreme Court’s grant of certiorari was unique considering there was no apparent circuit split on this issue, and its decision may impact the ability of parties to remove class action counterclaims and third-party claims under CAFA.
In 2005, Congress enacted CAFA to expand subject matter jurisdiction to certain class actions in order...
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