Clifford Chance

Second Circuit Court of Appeals Joins Seventh Circuit in Holding that Post-Removal Amendment Does Not Destroy CAFA Jurisdiction

5 June 2015

Yesterday, the U.S. Court of Appeals for the Second Circuit held that once a defendant removes a complaint to federal court under the Class Action Fairness Act ("CAFA"), the plaintiff's subsequent amendment of the complaint to remove the class-action allegations does not deprive the federal court of jurisdiction.  In deciding In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership d/b/a Verizon Wireless, the Second Circuit joined the Seventh Circuit in applying prior analogous Supreme Court holdings to the CAFA context.

Download PDF