Monday, March 13, 2006

E.D. Pa. Holds That Dismissal of Party Who Removed Under CAFA Does Not Permit Remand

BNA’s Class Action Litigation (Volume 07 Number 05, Fri., Mar. 10, 2006, Page 147, ISSN 1529-8000) is reporting on Robinson v. Holiday Universal, Inc., 2006 WL 470592 (E.D.Pa. Feb. 23, 2006):

Plaintiffs' dismissal of the defendant that removed a suit to federal court does not entitle them to a remand order, a federal court in Pennsylvania said Feb. 23. . . .

Whether to remand is determined by the status of the case at the time the removal petition is filed, and is not reassessed if the removing defendant is dismissed. . . . [The Court] declined to remand a consumer case removed under the Class Action Fairness Act.

BNA Subscribers may read the full article on the case by clicking here.


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