Class Action Defense Issues: Removal of Class Actions – 28 U.S.C. 1453

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.

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Class Action Defense Issues: Procedure after Removing a Case from State Court to Federal Court – 28 U.S.C. 1447

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. Plaintiffs invariably seek to remand the action to state court. Thus, once a class action has been removed to federal court, it can be expected that plaintiff’s counsel will file a motion to remand the matter to state court. The general procedure for remand is set forth in 28 U.

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Class Action Defense Issues: Procedure for Removing a Case from State Court to Federal Court – 28 U.S.C. 1446

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) was enacted by Congress to expand federal court jurisdiction over class actions, but the general procedure for removal is set forth in 28 U.S.C. § 1446. 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 1446 below.

28 U.S.C. 1446. Removal

§ 1446. Procedure for removal

(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.

(b) The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.

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Class Action Defense Issues: Removing a Case from State Court to Federal Court – 28 U.S.C. 1441

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. The general procedure for removal is set forth in 28 U.S.C. § 1441. CAFA (Class Action Fairness Act of 2005) contains new removal rules specifically applicable to class actions. 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 1441 below.

28 U.S.C. 1441. Removal

§ 1441. Actions removable generally

(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.

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Defense of Class Action Cases and Multidistrict Litigation (MDL)

Amendment of MDL (Judicial Panel on Multidistrict Litigation) Panel Rules of Procedure Prior articles have discussed class actions and MDL (multidistrict litigation), and have provided the statutory and procedural rules governing MDL. On April 19, 2005, the Judicial Panel on Multidistrict Litigation published an order partially suspending Panel Rule 5.12(a), concerning the manner of filing papers, “insofar as papers submitted for filing requiring an original and eleven copies shall be reduced to four copies along with an original.

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Defense of Class Actions Issues: Judicial Panel Rules for Multidistrict Litigation (MDL)

MDL (Multidistrict Litigation) Judicial Panel Rules of Procedure When multiple actions, class action or otherwise, involving the same facts are pending in different federal district courts, 28 U.S.C. § 1407 sets forth the procedure for the transfer of the actions to a single federal court for coordination or consolidation. This is known as “multi-district litigation” (MDL), and is discussed in a separate article. The Judicial Panel on Multidistrict Litigation oversees MDL cases, and has published Rules of Procedure governing MDL cases.

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Statutory Rules for Multidistrict Litigation (MDL): Defense of Class Actions Issues

28 U.S.C. 1407 – Multidistrict Litigation (MDL)

When multiple actions – class action or otherwise – involving the same facts are pending in different federal district courts, 28 U.S.C. § 1407 sets forth the procedure for the transfer of the actions to a single federal court for coordination or consolidation. This is known as “multi-district litigation” (MDL). The Judicial Panel on Multidistrict Litigation affects the transfer of cases under Section 1407(a). MDL and Section 1407 are discussed in a separate article. For the convenience of the reader, the full text of Section 1407 is reprinted below.

28 U.S.C. § 1407. Multidistrict litigation

(a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.

(b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings.

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