§1453 Removal of Class Actions

Summary

Lets a class-action lawsuit be moved from state court to federal court under the usual federal removal rules (section 1446), but the normal 1-year time limit does not apply. It doesn’t matter if a defendant is from the same state where the case was filed, and any single defendant can remove the case without the other defendants’ permission. The terms used here mean: class — a group of people with similar claims; class action — a lawsuit for that group; class certification order — a judge’s decision to treat the group as a class; class member — a person in that group (meanings come from 28 U.S.C. 1332(d)(1)). Appeals about remanding the case follow the usual rules but a court of appeals may take an appeal if asked within 10 days of the remand order. If the appeals court accepts the appeal, it must finish and issue judgment 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 no final judgment is issued by that deadline (including any allowed extension), the appeal is denied. The rule does not apply to class actions that only involve certain securities claims, internal corporate governance claims under the state of incorporation, or claims about rights and duties tied to securities as defined in the Securities Act.