Appellate Practice
Jan. 7, 2011
The Class Action Exception
A series of recent federal appellate rulings clarify the process of winning appeals in class actions. By Margaret M. Grignon and David J. Bird of Reed Smith.
Generally, a party cannot appeal a federal district court order granting or denying a motion to remand a removed case to state court. However, the Class Action Fairness Act (CAFA) provides an important exception to the general rule, allowing a party to petition a circuit court for permission to appeal such an order when the complaint alleges a class action.
What factors will a circuit court consider when deciding...
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