Justia Summary

Citibank filed a state court debt-collection action, alleging that Jackson was liable for charges incurred on a Home Depot credit card. Jackson responded by filing third-party class-action claims against Home Depot and another, alleging that they had engaged in unlawful referral sales and deceptive and unfair trade practices under state law. Home Depot filed a notice to remove the case from state to federal court. The district court remanded, finding that controlling precedent barred removal by a third-party counterclaim defendant.

The Fourth Circuit and the Supreme Court affirmed. The general removal provision, 28 U.S.C. 1441(a) does not permit removal by a third-party counterclaim defendant; the section refers to “civil action[s],” not “claims.” In other removal provisions, Congress has clearly extended removal authority to parties other than the original defendant but has not done so here. The Class Action Fairness Act, section 1453(b), does not alter section 1441(a)’s limitation on who can remove, suggesting that Congress intended to leave that limit in place. Section 1453(b) and 1441(a) both rely on the procedures for removal in section 1446, which also employs the term “defendant.” Interpreting that term to have different meanings in different sections would render the removal provisions incoherent.

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