Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Denial of Motions to Remand Suit Under CAFA Upheld

By FindLaw Staff on May 03, 2010 4:48 PM

In Moffitt v. Residential Funding Co., LLC, No. 10-1316, the Fourth Circuit dealt with plaintiffs' three interlocutory appeals challenging the district court's denial of their motions to remand their cases to state court, arising from their individual complaints against various financial entities alleging violations of the Maryland Secondary Mortgage Loan Law. 

Under these circumstances, where the plaintiffs filed amended complaints in federal court that alleged facts giving rise to federal diversity jurisdiction under the Class Action Fairness Act of 2005 after their cases were removed and prior to moving to remand, it need not be decided whether the cases were improperly removed as the amended complaints provided an independent basis for the district court to retain jurisdiction.   

Related Resources:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options