No. 23A205

Erie Indemnity Company v. Erie Insurance Exchange, an unincorporated association, by Troy Stephenson, Christina Stephenson, and Steven Barnett, trustees ad litem

Lower Court: Third Circuit
Docketed: 2023-09-01
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: class-action-definition class-action-fairness-act federal-jurisdiction procedural-gamesmanship removal-jurisdiction rule-41-dismissal
Latest Conference: N/A
Question Presented (from Petition)

Whether class action plaintiffs may subvert the jurisdictional protections of the Class Action Fairness Act through procedural gamesmanship by dismissing and refiling their complaint under different state procedural rules to avoid federal jurisdiction, despite seeking the same class-wide relief based on identical operative facts and legal theories.

Question Presented (AI Summary)

Whether the Class Action Fairness Act permits federal courts to exercise removal jurisdiction over cases that plaintiffs attempt to restyle or refile to evade CAFA's jurisdictional requirements, notwithstanding the plaintiffs' use of different state procedural rules or voluntary dismissal and refiling tactics

Docket Entries

2023-09-06
Application (23A205) granted by Justice Alito extending the time to file until October 20, 2023.
2023-08-30
Application (23A205) to extend the time to file a petition for a writ of certiorari from September 20, 2023 to October 20, 2023, submitted to Justice Alito.

Attorneys

Erie Indemnity Company
Michael Hugh McGinleyDechert LLP, Petitioner