U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Denial of Motions to Remand Suit Under CAFA Upheld

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.   

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