Eighth Circuit Holds Appellate Review of Motions to Remand Class Actions Only Available for Suits Brought Under CAFA

Per Saab v. Home Depot U.S.A., Inc., 469 F.3d 758 (8th Cir. Nov. 22, 2006):

Saab urges us to interpret § 1453(c)(1) expansively and to give federal courts of appeal the jurisdiction to review the grant or denial of a motion to remand any class action. This argument does not differentiate between class actions removed pursuant to § 1332(a) (traditional diversity jurisdiction) or § 1332(d) (CAFA diversity jurisdiction). We reject this contention.
CAFA added section § 1453(c), "Review of remand orders," which applies "to any removal of a case under this section." See 28 U.S.C. § 1453(c)(1). Saab suggests that "this section" must refer to § 1453, which, according to petitioner, does not limit its scope to class actions removed under § 1332(d). Section 1453(a), however, defines "class", "class action", "class certification order", and "class member" by reference to § 1332(d)(1), the diversity jurisdiction provision added by CAFA. See § 1453(a).

Thus, we do not interpret "class action" as it is employed in § 1453(c) to encompass all class actions. Rather, we must limit § 1453(c)'s review provisions to those class actions brought under CAFA. Our reading is consistent with the legislative history of CAFA, which includes the observation that, "[n]ew subsection 1453(c) provides discretionary appellate review of remand orders under this legislation but also imposes time limits." S.Rep. No. 109-14, at 49 (emphasis added).

We therefore hold, joining our sister the Fifth Circuit, see Patterson v. Morris, 448 F.3d 736, 742 (5th Cir.2006); Wallace v. Louisiana Citizens Prop. Ins. Corp., 444 F.3d 697, 700 (5th Cir.2006), that the review provisions of 28 U.S.C. § 1453(c) are limited to class actions brought under CAFA, 28 U.S.C. § 1332(d). Accordingly, we dismiss the petition for permission to appeal.