Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2018 Term

Oral Argument Date

January 15, 2019

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Questions Presented

Whether an original defendant to a class-action claim can remove the class action if it otherwise satisfies the jurisdictional requirements of the Class Action Fairness Act when the class action was originally asserted as a counterclaim against a co-defendant.

Case Updates

U.S. Supreme Court holds that the Class Action Fairness Act does not permit a third-party counterclaim defendant to remove a class action to federal court

May 28, 2019

Click here to view the opinion.

U.S. Chamber files amicus brief on federal removal under the Class Action Fairness Act, urging the Supreme Court not to let class plaintiffs use third-party counterclaims to skirt the Act’s protections

November 16, 2018

Click here to view the brief filed jointly by the U.S. Chamber and Retail Litigation Center, Inc.

Laura K. McNally of Loeb & Loeb LLP served as co-counsel for the amici.

Cert. petition granted

September 27, 2018

U.S. Chamber files brief urging Supreme Court to address tactic used by plaintiffs’ lawyers to avoid removal of class actions to federal court

May 25, 2018

Click here to view the brief filed jointly by the U.S. Chamber and Retail Litigation Center, Inc.

Laura K. McNally, Jason P. Stiehl, and Nina Ruvinsky of Loeb & Loeb LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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