The Aftermath Of High Court's Class Action Removal Opinion

By Evan Tager, Archis Parasharami and Matthew Waring (June 3, 2019, 4:40 PM EDT) -- Class action defendants usually prefer to have their cases heard in federal court, where the protections of Federal Rule of Civil Procedure 23 apply and where courts and juries are less likely to disfavor an out-of-state business. And as every class action lawyer knows, the Class Action Fairness Act of 2005 puts a significant thumb on the scale in favor of having large class actions heard in federal court, allowing for removal of most class actions in which the amount in controversy exceeds $5 million and there is minimal diversity of citizenship between the defendants and the members of the putative class....

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