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Home Depot U. S. A., Inc. v. Jackson

Articles Discussing Case:

The Supreme Court Rules on Class Action Removal Limits for Third-Party Counterclaim Defendants

Ogletree Deakins • June 06, 2019
In Home Depot U. S. A., Inc. v. Jackson, No. 17-1471 (May 28, 2019), the Supreme Court of the United States addressed whether third-party counterclaim defendants in class actions have authority under the general removal provision 28 U.S.C. Section 1441(a) or the removal provision in the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. Section 1453(b), to remove their underlying cases to federal courts. Affirming a Fourth Circuit Court of Appeals ruling that section 1441(a)’s phrase “the defendant or the defendants” and CAFA’s reference to “any defendant” refer to any original defendant only, the Supreme Court concluded third-party counterclaim defendants in class actions do not have the authority to remove their cases to federal court under either the general removal provision or CAFA.
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