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9th Circ. Sends Walmart Drug-Test Row Back To Fed. Court

Law360 (February 1, 2018, 9:27 PM EST) -- The Ninth Circuit ruled Thursday that a California federal judge shouldn’t have sent a proposed class action over Walmart’s employee drug-testing policy to state court, finding the judge erred in ruling the retailer had waived its right to remove the case and by remanding for nonjurisdictional reasons.

The panel said U.S. District Judge Manuel Real’s four-sentence sua sponte order sending the case back to state court was “without explanation” and overstepped the court’s authority. Even if Walmart Inc. had waived its right to bring the suit...
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