Tag: Removal

U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA

Tony LathropClass Actions, Federal Practice, Fourth Circuit, Litigation

A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address perceived…

Supreme Court: Companies Fighting State Class Actions Can Remove to Federal Court Without Evidence of Damages

Tony LathropClass Actions, Federal Practice, U.S. Supreme Court

The Class Action Fairness Act of 2005 (“CAFA”) has found its way to the steps of the U.S. Supreme Court several times in the last two years, as plaintiffs and defendants seek to define the parameters of the federal law enacted,…

4th Circuit Offers Defendants Seeking Federal Jurisdiction Relief Denied by Other Circuit Courts: Remands to State Court Obtained by Fraud Can be Revoked and Attorneys Sanctioned

Tony LathropAttorney Liability, Federal Practice, Fourth Circuit

Last week, the Fourth Circuit Court of Appeals kicked off the holiday by giving thanks for the power to prevent parties from reaping the benefits of fraud perpetrated against the federal courts. The Fourth Circuit decided in Barlow v. Colgate…

If It Walks Like a Class or Mass Action…Is it Removable Under CAFA? (Part 2)

Tony LathropClass Actions, Litigation, U.S. Supreme Court

           We continue our exploration of removability under the Class Action Fairness Act of 2005 (“CAFA”) and the threshold question that has driven a split between the Circuit Courts of Appeals described as “intolerable as a matter of federalism,” carrying…