United States Second Circuit
Cutrone v. Mortgage Electronic Registration Sys., Inc., 14‐455
In a putative class action, the district court's judgment is vacated where: 1) Molter v. Starbucks Coffee (2d Cir. 2010) applies to actions removed under the Class Action Fairness Act of 2005 (CAFA); and 2) defendant may remove a case under CAFA if neither of the two 30-day periods set forth in 28 U.S.C. section 1446(b)(1) and (b)(3) is triggered because the initial pleading and other documents are indeterminate with respect to removability but the defendant later asserts removability on the basis of its own investigation.
Appellate Information
- Decided 04/17/2014
- Published 04/17/2014
Judges
- Droney
Court
- United States Second Circuit