Justices Mull Class Action Removal In Home Depot Appeal

Law360 (January 16, 2019, 12:04 AM EST) -- U.S. Supreme Court justices grappled with Home Depot's call to close what it views as a loophole in the Class Action Fairness Act's removal protections during oral arguments Tuesday in a case that started out as a debt-collection suit between a bank and a North Carolina man.

The "loophole" that Home Depot USA Inc. is challenging in its appeal stems from what the retailer has described in briefs as circuit courts' "narrow interpretation of removal authority under CAFA," a 2005 law intended to increase the number of class actions heard in federal court.

While CAFA normally allows "any defendant" to move...

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