SUPREME COURT ISSUES PRO-CONSUMER RULING LIMITING REMOVAL OF CLASS ACTIONS


On May 28, 2019, the Supreme Court of the United States issued a ruling in Home Depot v. Jackson, prohibiting third-party defendants from removing class actions from state court to federal court. In a 5-4 decision authored by Justice Thomas, the Supreme Court held that the term “defendant” in the context of the removal statutes did not encompass third-party counterclaim defendants added later into the litigation. This decision is a win for consumers, protecting them from third-party defendants swooping in and removing consumers’ lawsuits from the venue they originally chose. The decision also serves as a litmus test for how the Supreme Court’s current makeup might treat class action cases moving forward. 

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Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Delaware, Georgia and Pennsylvania.

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About Joshua Nassir

Joshua Nassir's practice is focused on consumer litigation. Josh is an associate in the firm's California office.

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