SUPREME COURT
Decision in Home Depot U.S.A. Inc. v. Jackson
Key Issue
Whether the general removal statute or the removal provision in
the Class Action Fairness Act (CAFA) permit third-party defendants
to remove class-action claims from state to Federal court.
Background
Citibank sued George Jackson, the original defendant, in June
2016 in a debt-collection action in North Carolina state court.
Jackson asserted an individual counterclaim against Citibank and
named Home Depot and Carolina Water Systems, Inc. as additional
third-party counterclaim defendants in a putative class action.
Citibank dropped its claims, and Home Depot filed a notice of
removal pursuant to CAFA. The plaintiff filed an amended complaint
dropping Citibank from the action and moved to remand the case to
state court. The District Court granted Jackson's motion to
remand on the grounds that Home Depot was not entitled to remove
the remaining class action.
