§1453 Removal of class actions

Summary

Lets class-action lawsuits be moved from state court to a federal district court under the rules in section 1446, except the 1-year time limit in section 1446(c)(1) does not apply. The words "class", "class action", "class certification order", and "class member" mean what section 1332(d)(1) defines. Any defendant can remove the case without getting every other defendant to agree, and it does not matter whether a defendant is from the state where the case started. Rules in section 1447 mostly apply to these removals, but an appeals court can hear an appeal of a district court’s order about sending the case back if someone asks within 10 days. If the appeals court takes the appeal, it must finish within 60 days after the appeal is filed unless all parties agree to more time or the court allows up to 10 extra days for good cause. If the appeals court does not issue a final judgment by the end of that period (including any allowed extension), the appeal is denied. This removal rule does not apply to class actions that only involve (1) certain claims about covered securities (see section 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 78p(f)(3)) and section 28(f)(5)(E) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E))); (2) internal corporate governance claims under the law of the state where the company is organized; or (3) claims about rights or duties created by securities as defined in section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)).