Court Affirms Remand Of LensCrafters Suit

Law360, New York (August 20, 2007, 12:00 AM EDT) -- An appeals court has upheld a lower court’s decision to remand an employment suit brought against LensCrafters Inc. to state court, finding the company's notice of removal untimely.

The U.S. Court of Appeals for the Ninth Court ruled Thursday that the eyeglass retailer filed its motion to remove a proposed class action too late. LensCrafters filed the notice of removal to federal court in November 2006, after the 30-day removal deadline had already passed, the appellate court ruled.

The putative class action was originally filed in...
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