2nd Circ. Case Highlights CAFA Home State Exception Trend
February 26, 2014, 5:53 PM EST
Law360, New York (February 26, 2014, 5:53 PM EST) -- On Sept. 18, 2013, the United States Court of Appeals for the Second Circuit affirmed a district court ruling dismissing a putative class action under the Class Action Fairness Act’s home state exception, even though the defendant did not raise the exception until three years after the complaint was filed.
Specifically, a unanimous Second Circuit panel in Gold v. New York Life Insurance Co., 730 F.3d 137 (2nd Cir. 2013) held that: (1) CAFA’s home state exception is not jurisdictional and must be raised within a reasonable...