United States Ninth Circuit

The district court's order remanding this case, alleging deceptive mortgage lending and securitization practices, to state court after it was removed to federal court under the mass action provisions of the Class Action Fairness Act (CAFA) is reversed and remanded, where: 1) because more than 100 named plaintiffs proposed a joint trial, and because the CAFA's other prerequisites were satisfied, this action was properly removed from state to federal court; 2) plaintiffs failed to raise the "local controversy" exception, and the exception is not jurisdictional; but 3) under the permissive joinder provisions of Federal Rule of Civil Procedure 20(a), the First Amended Complaint did not present common questions of law and fact, and therefore the district court is instructed to dismiss without prejudice the claims of all plaintiffs but the first named plaintiff.

Appellate Information

• Decided 10/23/2013
• Published 10/23/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel