Supreme Court Will Review Class Action Removal Criteria

As the result of the Class Action Fairness Act of 2005, defendants in consumer class actions are empowered to remove state court lawsuits to a federal court in certain cases where more than $5 million is at stake. But what that means and how it must play out are not always clear. The outcome of a case recently accepted for review by the Supreme Court, writes Greenberg Traurig attorney Jordan Grotzinger, should clarify what the criteria are to make the case for removal and at what stage of the legal process the evidence needs to be presented.