Civil Procedure – Removal Jurisdiction – Joined Defendant – Counterclaim

By Deborah Elkins
Published: January 5, 2009

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 ...

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