High Court Posed to Set New Bar for Class Action Removal
Richmond partner David Anthony was mentioned in an April 7 Law360 article – “ High Court Posed to Set New Bar for Class Action Removal” – about the U.S. Supreme Court granting the petition for writ of certiorari filed by Dart Energy Corp. on April 7. According to the article, “Dart Energy had argued that the Tenth Circuit had erred when it upheld a lower court’s decision that [the company] hadn’t provided enough evidence to support its bid to transfer the suit to federal court and couldn’t cure the defect by submitting evidence later on.” Experts contend that the Supreme Court’s notice-pleading-standard interpretation could have implications beyond the Class Action Fairness Act, which Dart stated goes against Congress’ intent in enacting it.
“Fundamentally, the Tenth Circuit’s decision, if affirmed, will be broadly applicable, and it will apply with equal force to all removal petitions, and not just those under CAFA,” said David.