George Jackson v. Home Depot U.S.A., Inc.

DUNCAN, Circuit Judge:

Third-Party Defendant - Home Depot U.S.A., Inc., filed a Petition for Permission to Appeal the district court’s order remanding this case to state court. This court deferred ruling on Home Depot’s Petition for Permission to Appeal pending consideration of the merits of the appeal. Home Depot argues that it is entitled to remove the class action counterclaim against it despite Fourth Circuit precedent to the contrary because either the Supreme Court has called this precedent into question or >it -is distinguishable here. Home Depot also appeals the district court’s denial…