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Bradley Arant Boult Cummings LLP | USA | 3 Jun 2019

“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims

To the surprise of many observers (including us), the Supreme Court held last week in Home Depot USA Inc. v. George Jackson that a third-party…

Faegre Drinker Biddle & Reath LLP | USA | 28 May 2019

Stranded in State Court: Supreme Court Holds that Third-Party Counterclaim Defendants Cannot Remove Class-Action Counterclaims to Federal Court

As Congress appreciated when it enacted the Class Action Fairness Act of 2005 (CAFA), large, multistate class actions are better suited for federal…

Faruki PLL | USA | 9 Nov 2018

U.S. Supreme Court to Consider Anew the Scope of Federal Court Removal Rights Available to Third-Party Counterclaim Defendants

The Supreme Court soon may make it easier for counterclaim defendants to remove a case to federal court. The Supreme Court granted a writ of…

Mayer Brown | USA | 27 Sep 2018

Class Action Fairness Act—Class Actions Asserted As Counterclaims

The Class Action Fairness Act (“CAFA”) authorizes “any defendant” in a state-court class action to remove the case to a federal district court, so…

Frankfurt Kurnit Klein & Selz PC | USA | 11 Jun 2018

Can You Advertise "Swamp Mahogany" as "Mahogany"?

In Golden v. Home Depot, U.S.A., Inc., the plaintiff brought a putative class action alleging, among other things, that Home Depot falsely marketed…

Manatt Phelps & Phillips LLP | USA | 12 Apr 2018

Timber! Court Tosses False Ad Suit Challenging Lumber Sizing

An Illinois federal court chopped down the plaintiff's putative class action over the size of The Home Depot's lumber, granting the defendant's motion…

Cozen O'Connor | USA | 15 Mar 2018

The State AG Report Weekly Update March 15, 2018

Arizona AG Mark Brnovich reached a settlement with auto manufacturer General Motors LLC (“GM”) to resolve allegations that it violated the Arizona…

Davis Wright Tremaine LLP | USA | 12 Mar 2018

Dumpster Divers Extract Millions of Dollars. Again.

From 2013 through 2015 investigators checked trash dumpsters from Home Depot stores. Based on what they found, the California Attorney General and…

Hunton Andrews Kurth LLP | USA | 7 Feb 2018

Shareholder Activism at Retailers in 2018

Once the sole province of hedge funds and special interest groups, many mainstream institutional investors have now also embraced a more activist…

Manatt Phelps & Phillips LLP | USA | 14 Dec 2017

Banks Find Success Suing Over Data Breaches

Banks continue to file suit against retailers, hoping to shift the costs of data breaches, with some recent success...
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