United States Ninth Circuit

In a class action brought by a union and current and former employees against Shell Oil and others alleging wage, pay, and labor law violations, orders remanding the case to state court are reversed where, under section 1453(b) of the Class Action Fairness Act (CAFA), Shell's timely notice of removal effected removal of the entire action, including claims against another defendant that had filed a separate, untimely notice of removal.

Appellate Information

• Decided 12/09/2008
• Published 12/09/2008

Judges

• TROTT, Circuit Judge:, Before:  MYRON H. BRIGHT,STEPHEN S. TROTT, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Deanna L. Ballesteros, Epstein Becker & Green, P.C., Los Angeles, CA, for appellants Shell Oil Company and Equilon Enterprises LLC dba Shell Oil Products US., Timothy M. Rusche and William J. Dritsas, Seyfarth Shaw LLP, Los Angeles, CA, for appellant Tesoro Marketing and Refining Company.


• For Appellees:
  
• Robert A. Cantore, Gilbert & Sackman, Los Angeles, CA, for the appellees.