On Tuesday May 28, 2019, the United State Supreme Court declined to afford state court third-party, class action defendants the ability to remove a class action to federal court. See Home Depot U.S.A., Inc. v. Jackson, 17-1471 (May 28, 2019).

In Jackson, Citibank, N.A., filed a debt-collection action against George Jackson in North Carolina state court. Jackson answered this action and filed his own claims: (1) an individual counterclaim against Citibank and (2) a third-party class-action against Home Depot U.S.A., Inc., and Carolina Water Systems, Inc.

After Citibank dismissed its claims against Jackson, Home Depot filed a notice … Continue Reading

Any good litigator can tell you that removal is proper where there is diversity of citizenship and the amount in controversy exceeds $75,000.  Diversity generally requires that no defendant be a citizen of the same state as the plaintiff.  By way of example, consider a lawsuit filed by Paul, a Pennsylvania citizen, in Pennsylvania state court against Daniel from California and David, also a Pennsylvania citizen.  At first glance, it would seem there is no diversity because David is from Pennsylvania and he is a “forum defendant”.  However, not all litigators may realize that in certain jurisdictions a defendant can … Continue Reading