United States Second Circuit

Dismissal of a class action wage and hour complaint based on the "home state exception" to jurisdiction under the Class Action Fairness Act, which requires district courts to "decline to exercise" jurisdiction over class actions in which two-thirds or more of the class, and the primary defendants, are citizens of the state in which the action was filed, is affirmed, where: 1) the home state exception is not jurisdictional; and 2) it must be raised within a reasonable time, which defendant did so here.

Appellate Information

• Decided 09/18/2013
• Published 09/18/2013

Judges

• PARKER

Court

• United States Second Circuit

Counsel