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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
July 17, 2019

Counterclaim Defendants Are Not Really “Defendants”

After Citibank filed a debt-collection action against Jackson in state court, Jackson counterclaimed against Citibank and filed third party class action claims against Home Depot and Carolina Water Systems, Home Depot then removed the case to federal court. The district judge remanded the case to state court which the United States Court of Appeals, Fourth Circuit affirmed. Justice Thomas authored the opinion for the five justice majority which affirmed, while Justice Alito wrote a dissenting opinion on behalf of the four dissenting justices.