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SCOTUS Holds that Third-Party Defendants Cannot Remove Class Actions from State to Federal Court

On May 28, 2019, in a 5-4 decision, in which Justice Thomas sided with the Court’s “liberal” justices, the Supreme Court held in Home Depot USA, Inc. v. Jackson that a third-party defendant cannot use the Class Action Fairness Act (CAFA) to remove a class action from state to federal court.

This case began when Citibank filed a debt-collection action in state court in North Carolina against respondent George Jackson, who borrowed money on a Citibank credit card to buy a home water-filtration system. In response, Jackson filed a counterclaim against Citibank and a third-party class action […]

By |2019-11-26T13:18:10-05:00May 29th, 2019|Practice Areas: General|Topics: , |

SCOTUS To Review Whether A Third-Party Defendant Can Remove a Class Action to Federal Court

On September 27, 2018, the Supreme Court agreed to review whether, under the Class
Action Fairness Act (CAFA), a third-party defendant can remove a class action from state to federal court. Home Depot USA, Inc., U.S. No. 17-1471. CAFA allows “any defendant” to remove actions from state to federal court if certain jurisdictional requirements are met.

This case arose when Citibank N.A. brought a debt collection action against George
Jackson in state court alleging he failed to pay for a water treatment system he bought using a Citibank credit card. Jackson filed a counterclaim against Citibank and third-party class […]

By |2019-11-26T13:14:56-05:00November 8th, 2018|Practice Areas: General|Topics: |