Kenny v. Wal-Mart Stores, Inc.

The Ninth Circuit vacated the district court's order remanding plaintiff's putative class action against Wal-Mart to California state court. The panel held that the district court erred by exceeding its statutory authority in remanding sua sponte based on a nonjurisdictional defect. The panel also held that Wal-Mart did not waive its right to remove by filing a demurrer in state court, when its right to remove pursuant to the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d), was not ascertainable from plaintiff's pleading. Accordingly, the court remanded to the district court for further proceedings. View "Kenny v. Wal-Mart Stores, Inc." on Justia Law