Difficult Questions On Class Action Removal At High Court

Law360 (January 23, 2019, 11:56 AM EST) -- On Jan. 15, 2019, the U.S. Supreme Court heard oral arguments in the case of Home Depot v. Jackson to determine whether, under the federal Class Action Fairness Act, a third-party defendant can remove to federal court class action claims that are brought as counterclaims by a defendant/third-party plaintiff.

The Supreme Court's grant of certiorari was unique considering there was no apparent circuit split on this issue, and its decision may impact the ability of parties to remove class action counterclaims and third-party claims under CAFA. 

Background

In 2005, Congress enacted CAFA to expand subject matter jurisdiction to certain class actions in order...

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!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!