U.S. Supreme Court

Case Status


Docket Number



Cert. Denied


Case Updates

Cert. petition denied

June 22, 2009

U.S. Chamber urges Supreme Court to review removal of class action countersuits

March 31, 2009

NCLC urged the Supreme Court to clarify whether a party, joined as a defendant in a class action brought as a counterclaim, may remove the class action countersuit to federal court if the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act (CAFA). In its brief, NCLC argued that a Fourth Circuit decision denying removal conflicts with other circuits because it permits a defendant to eliminate another defendant's removal rights under CAFA. NCLC also argued that prohibiting removal of class action countersuits would create a CAFA loophole that would put class action-friendly state courts back into business as magnet jurisdictions.

Case Documents