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Today on The WLF Legal Pulse Blog

Supreme Court Observations: Dart Cherokee Eliminates the Presumption against Removal of Class Actions

The Supreme Court’s ruling Monday, December 15 in Dart Cherokee Basin Operating Co. v. Owens, overturning a Tenth Circuit removal jurisdiction decision, was hardly surprising. After all, the Tenth Circuit’s restrictive interpretation of the federal removal statute, 28 U.S.C. § 1446(a)—that a defendant forfeits its removal rights unless the removal petition attaches documentary evidence supporting the jurisdictional allegations—conflicted with decisions from every other federal courts of appeal that has addressed the issue and elicited no supporting comments from the justices during October’s oral argument. Of far more lasting significance was Dart Cherokee’s rejection of a presumption against removal, in class-action cases and perhaps in other removal cases as well. That presumption had been adopted by 10 of the 11 regional courts of appeals and has been cited by countless district courts as the basis for remanding cases to state court. . . .

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Dart Cherokee Basin Operating Co. v. Owens
On December 15, 2014, the U.S. Supreme Court overturned a lower court decision that made it much more difficult for out-of-state defendants to remove their lawsuits from state court to federal court. The ruling was a major victory for WLF, whose...
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BP Exploration & Production Inc. v. Lake Eugenie Land & Development, Inc.
On December 8, 2014, the U.S. Supreme Court issued a one-sentence order declining to review two panel decisions from the U.S. Court of Appeals for the Fifth Circuit that would allow a certified class to include numerous members who never suffered an...
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In re: Carbon Pollution Emission Guidelines for Existing Stationary Sources
On December 1, 2014, WLF filed formal comments with the Environmental Protection Agency (EPA), urging it to abandon a proposed rule that would establish unrealistic carbon emissions standards for existing power plants. WLF expressed concern that...
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Anthony v. Georgia Gulf Lake Charles, LLC
On November 26, 2014, the Louisiana Supreme Court issued a one-sentence order declining to review a massive tort award to individuals living in the vicinity of a chemical plant. The decision was a setback for WLF, which filed a brief urging review...
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“Unfair Methods of Competition”: The Legislative Intent Underlying Section 5 of the FTC Act
By William Kolasky, a partner with the law firm Hughes Hubbard & Reed LLP in its Washington, D.C. office. Foreword by A. Douglas Melamed, Herman Phleger Visiting Professor at Stanford Law School and former Senior Vice President and General Counsel of Intel Corporation.
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Issuer Banks and Data Breach Lawsuits: A New Wave Of Litigation?
By Philip M. Busman and John M. Kalas, a partner and an associate, respectively, with the law firm Hollingsworth LLP.
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Data Security Breaches: Incident Preparedness and Response
By Jena Valdetero and David Zetoony, partners with the law firm Bryan Cave LLP. Foreword by The Honorable Maureen K. Ohlhausen, Commissioner on the Federal Trade Commission; Introduction by Lisa Clapes, Vice President, Corporate Counsel, and Chief Privacy Officer for Ceridian HCM.
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