Legal Opinion
Luther v. Countrywide Home Loans Servicing LP
Court of Appeals for the Ninth Circuit
Decided July 16, 2008No. 08-55865PublishedCited by 323 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge:
Section 22(a) of the Securities Act of 1933 creates concurrent jurisdiction in state and federal courts over claims arising under the Act. It also specifically provides that such claims brought in state court are not subject to removal to federal court. We hold today that the Class Action Fairness Act of 2005, which permits in general the removal to federal court of high-dollar class actions involving diverse parties, does not supersede § 22(a)’s specific bar against removal of cases arising under the '33 Act.
I. Facts
Alleging various violations of the Securities Act…
2Cases cited7 opinions
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
- Willene Lowdermilk v. United States Bank National AssociationCourt of Appeals for the Ninth Circuit · 2007
- Breuer v. Jim's Concrete of Brevard, Inc.Supreme Court of the United States · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by323 opinions
- Palisades Collections LLC v. ShortsCourt of Appeals for the Fourth Circuit · 2009
- Hawaii Ex Rel. Louie v. HSBC Bank Nevada, N.A.Court of Appeals for the Ninth Circuit · 2014
- Laura Jordan v. Nationstar Mortgage LLCCourt of Appeals for the Ninth Circuit · 2015
- Liliana Canela v. CostcoCourt of Appeals for the Ninth Circuit · 2020
- Plumbers' Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp.Court of Appeals for the First Circuit · 2011
318 more not listed; retrieve them via the Exa API.