The company’s position as a third-party counterclaim defendant in a class action over misleading sales tactics shouldn’t prevent it from exercising the removal rights extended to typical defendants, it says.
“When all you are is a defendant, you should be treated as a defendant,” Home Depot counsel Sarah Harrington of Goldstein & Russell P.C. in Washington told Bloomberg Law.
But the consumer here argues that Congress didn’t intend “defendant” in the ...