We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Justices Back Limits On Class Action Removal Authority

Law360 (May 28, 2019, 10:36 AM EDT) -- The U.S. Supreme Court declined on Tuesday to close what Home Depot and other business interests have argued is a legal loophole allowing plaintiffs lawyers to trap big-dollar class actions in state court, ruling that third-party counterclaim defendants in such cases can’t remove claims filed against them to federal court.

In an unusual 5-4 split, Justice Clarence Thomas sided with the high court’s liberal wing to form a majority holding that when a defendant files class action counterclaims that bring a previously uninvolved party into a state court case, that additional party cannot remove the claims to federal court under either...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

4370 Other Fraud

Date Filed

April 25, 2018

Law Firms


Government Agencies