The Class Action Fairness Act permits "any defendant" to remove a class action to federal court. May a third-party defendant brought into a suit through a counterclaim by the original defendant remove a class action to federal court? In Home Depot v. Jackson, the Court, in a 5-4 decision by Justice Thomas, held that "any defendant" does not include third-party defendants in either the Class Action Fairness Act or in other removals under 28 U.S.C. § 1446. Justice Alito's dissent questioned that statutory interpretation. Ted Frank will join us to discuss this decision and its implications.
Featuring:Ted Frank, Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute