United States Ninth Circuit

Defendant removed this class action proceeding to federal court within thirty days of ascertaining removability under the Class Action Fairness Act (CAFA), but more than two years after the case became removable on federal question grounds pursuant to 28 U.S.C. section 1331. The district court's order remanding this case to state court on the basis that the removal was untimely under section 1446(b) is reversed, where: 1) a case becomes removable for the purposes of section 1446 when the CAFA ground for removal is first disclosed, and a defendant may remove a case from state court within thirty days of ascertaining that the action is removable under CAFA, even if an earlier pleading, document, motion, order, or other paper revealed an alternative basis for federal jurisdiction; and 2) defendant's removal under CAFA was timely, and the action therefore properly belongs in federal court.

Appellate Information

• Decided 04/01/2015
• Published 04/01/2015

Judges

• Smith

Court

• United States Ninth Circuit

Counsel