Defending Against Class Actions – Removal
In defending against class actions, it will often benefit a defendant to remove the case to federal court whenever possible. CAFA (Class Action Fairness Act of 2005) greatly expands removal jurisdiction of the federal courts pursuant to 28 U.S.C. § 1453. The removal procedure for non-class action cases is set forth in 28 U.S.C. § 1441. Various issues concerning CAFA, removal and remand are discussed in separate articles. For the convenience of the reader, we set forth the full text of Section 1453 below.
28 U.S.C. § 1453. Removal of Class Actions
(a) Definitions.–In this section, the terms “class”, “class action”, “class certification order”, and “class member” shall have the meanings given such terms under section 1332(d)(1).
(b) In general.–A class action may be removed to a district court of the United States in accordance with section 1446 (except that the 1-year limitation under section 1446(b) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by any defendant without the consent of all defendants.
(c) Review of remand orders.–
(d) Exception.–This section shall not apply to any class action that solely involves–
Comments are closed.