Tri-State Water Treatment, Inc. v. Bauer

Federal 7th Circuit Court
Civil Court
Class Action Fairness Act
Citation
Case Number: 
No. 16-3938
Decision Date: 
January 5, 2017
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in remanding back to state court instant class action that had been removed to federal court under Class Action Fairness Act (CAFA) by additional counter-claim defendant that had been brought into state court action after case had been filed. Under First Bank, 598 F.3d 915, only original defendant in state court action is entitled to remove state-court class actions to federal court, and instant “additional” counterclaim-defendant could not remove instant case under CAFA.