§1453 Removal of Class Actions

Summary

Class actions filed in state court can be moved to federal court under the regular removal rules, and the usual 1-year deadline in section 1446(c)(1) does not apply. Any defendant can move the case to federal court even if some defendants are citizens of the state where the case started, and not every defendant has to agree to the move. The words class, class action, class certification order, and class member mean the same as in section 1332(d)(1). If a district court orders the case sent back to state court, a party can ask the court of appeals to hear an appeal no later than 10 days after that order. If the appeals court takes the appeal, it must finish and decide the case within 60 days of filing unless an extension is allowed. The court can extend the time if all parties agree (for any length) or for good cause up to 10 more days. If the appeals court has not issued a final judgment by the end of the allowed time, the appeal is denied. This rule does not apply to class actions that only involve covered securities, internal corporate governance claims under the law of the state of incorporation, or claims about rights and duties tied to securities.