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.

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