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Class action removal - "less" means "more"
May 28, 2006 by Ross Runkel at LawMemo
An employer removes a state court class action case to federal court under the Class Action Fairness Act (CAFA), and that court denies a motion to remand to state court.
CAFA says the plaintiffs can appeal by filing an application "not less than" 7 days after entry of the order.
The 9th Circuit says "not less than" means "not more than" 7 days.
Amalgamated Transit Union v. Laidlaw Transit (9th Cir 01/26/2006).
The 9th Circuit has now denied an en banc rehearing in that case. Six judges filed a dissent arguing that a court has no business rewriting the statute merely because the way it was actually written is "illogical." Amalgamated Transit Union v. Laidlaw Transit (9th Cir 05/22/2006).
| Employment Law Memo notified its readers about this case on 05/26/2006. |
Pritchett v. Office Depot, Inc., 420 F.3d 1090, 1093 n.2 (10th Cir. 2005), reached the same result, opining that there was a typographical error.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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