AT&T Mobility LLC, et al. v. Shorts, et al.

Case Updates

NCLC urged the Supreme Court to clarify whether a party, joined as a defendant in a class action brought as a counterclaim, may remove the class action countersuit to federal court if the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act (CAFA). In its brief, NCLC argued that a Fourth Circuit decision denying removal conflicts with other circuits because it permits a defendant to eliminate another defendant's removal rights under CAFA. NCLC also argued that prohibiting removal of class action countersuits would create a CAFA loophole that would put class action-friendly state courts back into business as magnet jurisdictions.