Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
Under CAFA, 28 U.S.C. § 1453(b), does a newly-added defendant to a counterclaim have the right to remove a class action that otherwise satisfies the jurisdictional requirements of CAFA and does not implicate any CAFA exception?
Case Updates
Cert. petition denied
May 15, 2017
U.S. Chamber files brief urging Supreme Court to close judicially created loophole to CAFA removal provisions
May 08, 2017
The Chamber urged the Supreme Court to grant review of a Seventh Circuit decision that refused to allow removal to federal court by Home Depot after the company was joined as a co-defendant to a consumer’s counterclaim in state court. As the Chamber’s brief explains, this result is directly contrary to the text and purpose of the Class Action Fairness Act (“CAFA”). Moreover, it would allow plaintiffs’ lawyers to game the system by baiting a corporation into pursuing debt collection or other small claims litigation in state court and then use that action as a platform to launch a counterclaim class action.
William S. Consovoy and Thomas R. McCarthy of Consovoy McCarthy Park PLLC served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.