Divided U.S. Supreme Court: No CAFA Removal By Third-Party Counterclaim Defendant

Mealey's (May 28, 2019, 11:55 AM EDT) -- WASHINGTON, D.C. — Removal of a class action by a third-party counterclaim defendant under the general removal statute and the Class Action Fairness Act (CAFA) is not permitted “[b]ecause in the context of these removal provisions the term ‘defendant’ refers only to the party sued by the original plaintiff,” a split U.S. Supreme Court ruled May 28 (Home Depot U.S.A., Inc. v. George W. Jackson, No. 17-1471, U.S. Sup.)....