Legal Opinion
Palisades Collections LLC v. Shorts
Court of Appeals for the Fourth Circuit
Decided January 15, 2009No. 08-2188PublishedCited by 154 opinions
1Opinion of the Court
Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge KING concurred. Judge NIEMEYER wrote a dissenting opinion.
WILLIAMS, Chief Judge:
This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the “additional counter-defendant”) may remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28 of the United States Code). We hold that neither 28…
2Cases cited31 opinions
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
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3Cited by154 opinions
- Home Depot U. S. A., Inc. v. JacksonSupreme Court of the United States · 2019
- William Battle, III v. J. LedfordCourt of Appeals for the Fourth Circuit · 2019
- Michael Ashford v. Aeroframe Services, L.L.C., etCourt of Appeals for the Fifth Circuit · 2018
- In Re Sprint Nextel Corp.Court of Appeals for the Seventh Circuit · 2010
- Michael Bauer v. Home Depot U.S.A., Inc.Court of Appeals for the Seventh Circuit · 2017
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