United States Ninth Circuit

The district court's remand to state court of a wage and hour class action under the Class Action Fairness Act is reversed and remanded, where: 1) a defendant who has not lost the right to remove because of a failure to timely file a notice of removal under 28 U.S.C. sections 1446(b)(1) or (b)(3) may remove to federal court when it discovers, based on its own investigation, that a case is removable; and 2) here, removal of the case is not barred be either section 1446(b)(1) or (b)(3).

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel