Civil Procedure – Removal Jurisdiction – Joined Defendant – Counterclaim

By Deborah Elkins
Published: December 24, 2008

In this case of first impression involving a suit to collect $794 in unpaid cell phone service contract charges, the 4th Circuit holds that a party joined as a defendant to a counterclaim may not remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005.
Palisades Collections LLC v. Shorts v. AT&T Mobility LLC (USCA) (VLW 008-2-165) (44 pp)