This morning, the first Monday in October, the Supreme Court of the United States gets back in business. The “Guide for Counsel in Cases to be Argued Before the Supreme Court of the United States,” available here, has been revised to state as follows: “The Court generally will not question lead counsel for petitioners (or appellants) and respondents (or appellees) during the first two minutes of argument. The white light on the lectern will illuminate briefly at the end of this period to signal the start of questioning. Where argument is divided and counsel represents an...

Home Depot U.S.A., Inc. v. Jackson, ___ U.S. ___ (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) (“CAFA”) made it easier for class action defendants to remove to federal court putative class action cases filed in state courts. That provision states that a class action may be removed by “any defendant without the consent of all defendants.” CAFA supplemented the general removal statute, 28 U.S.C. 1441(a), which permits removal of any civil action “by the defendant or the defendants.” But what about the...

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