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Removal – Class Action

By: Derek Hawkins//January 10, 2017//

Removal – Class Action

By: Derek Hawkins//January 10, 2017//

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7th Circuit Court of Appeals

Case Name: Tri-State Water Treatment, Inc. et al v. Home Depot U.S.A., Inc.,

Case No.: 16-3938

Officials: WOOD, Chief Judge, and FLAUM and ROVNER, Circuit Judges

Focus: Removal – Class Action

In First Bank v. DJL Properties, LLC, 598 F.3d 915 (7th Cir. 2010), we held that a counterclaim-defendant is not entitled to remove a case from state court to federal court under the provisions of the Class Action Fairness Act (CAFA), 28 U.S.C. § 1453(b). Today’s case presents a related question: whether, even though the original counterclaim-defendant is barred from removing, an additional counterclaim defendant may nevertheless do so. We conclude that the statute does not support treating an original counterclaim-defendant differently from a new one, and so we affirm the district court’s order remanding this case to state court.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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