No CAFA Removal For Counterdefendants: 7th Circ.

Law360, New York (March 25, 2010, 4:50 PM EDT) -- A federal appeals court has ruled that a party that files a suit in state court can't remove the suit to federal court under the Class Action Fairness Act of 2005 if it becomes a counterclaim defendant, handing a victory to DJL Properties LLC in a loan agreement dispute with First Bank.

Judge Frank H. Easterbrook ruled Wednesday on behalf of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that the term “defendant” had the same meaning in CAFA as in...
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