Home Depot U.S.A., Inc. v. Jackson

Argument:  January 15, 2019

Home Depot U.S.A., Inc.:  The Class Action Fairness Act PERMITS removal to federal court by a third-party counterclaim defendant?
Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941)—which holds that an original plaintiff may not remove a counterclaim against it—EXTENDS to third-party counterclaim defendants.

Jackson:  The Class Action Fairness Act DOES NOT PERMIT removal to federal court by a third-party counterclaim defendant?
Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941)—which holds that an original plaintiff may not remove a counterclaim against it—DOES NOT EXTEND to third-party counterclaim defendants.

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