Civil Procedure – Class actions – removal

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Civil Procedure – Class actions – removal

The 30-day removal clock under CAFA is triggered by the defendant’s receipt of a pleading or other paper that affirmatively and unambiguously reveals that the case is or has become
removable.

“The earliest possible trigger for the removal clock was Walker’s response to Trailer Transit’s requests for admission seeking formal clarification of the theory of damages. In that
response Walker confirmed that the class was indeed seeking damages based on a percentage of the total disputed fees. Even that document, however, did not affirmatively specify a damages
figure under the class’s new theory. So the removal clock never actually started to run. Although Trailer Transit filed its notice of removal within 30 days of receiving that response, the
removal was not based on Walker’s response to the requests for admission alone; it took Walker’s admission and an estimate from a Trailer Transit executive to show that the jurisdictional
limits were met. Removal was not untimely, and the district court properly denied the motion to remand.”

Affirmed.

13-8015 Walker v. Trailer Transit, Inc.

Petition for Permission to Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Sykes, J.

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