No. 18-1352

Commerce Bank v. Beverly Williamson, et al.

Lower Court: Eighth Circuit
Docketed: 2019-04-29
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure class-action class-action-fairness-act counterclaim diversity-jurisdiction federal-court jurisdictional-requirements original-defendant removal removal-statute standing subject-matter-jurisdiction
Key Terms:
Privacy ClassAction Jurisdiction JusticiabilityDoctri
Latest Conference: 2019-06-20
Question Presented (from Petition)

Whether a counterclaim defendant in a state court class action is "any defendant" entitled to remove a class action which satisfies the jurisdictional requirements of the Class Action Fairness Act?

Whether a party which began a case as an original plaintiff, but is solely a defendant at the time of removal, may remove a class action which otherwise satisfies the jurisdictional requirements of the Class Action Fairness Act, or is such removal controlled by a doctrine of "once a plaintiff, always a plaintiff"?

Question Presented (AI Summary)

Whether a counterclaim defendant in a state court class action is any defendant' entitled to remove a class action which satisfies the jurisdictional requirements of the Class Action Fairness Act?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondents Beverly Williamson, et al. to respond filed.
2019-04-24
Petition for a writ of certiorari filed. (Response due May 29, 2019)

Attorneys

Beverly Williamson, et al.
Jesse RochmanOnderLaw, LLC, Respondent
Commerce Bank
Edwin G. HarveyThompson Coburn LLP, Petitioner