SUPREME COURT ISSUES PRO-CONSUMER RULING LIMITING REMOVAL OF CLASS ACTIONS
SUPREME COURT ISSUES PRO-CONSUMER RULING LIMITING REMOVAL OF CLASS ACTIONS
On May 28, 2019, the Supreme Court of the United States issued a ruling in Home Depot v. Jackson, prohibiting third-party defendants from removing class actions from state court to federal court. In a 5-4 decision authored by Justice Thomas, the Supreme Court held that the term “defendant” in the context of the removal statutes did not encompass third-party counterclaim defendants added later into the litigation. This decision is a win for consumers, protecting them from third-party defendants swooping in and removing consumers’ lawsuits from the venue they originally chose. The decision also serves as a litmus test for how the Supreme Court’s current makeup might treat class action cases moving forward.
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