The Bradford Exchange Ltd. can once again try to defeat a plaintiff’s attempt to remand his proposed class action against the collectible sales company to state court, a federal appeals court ruled Thursday.
While a district court may remand a case for a lack of equitable jurisdiction under the Class Action Fairness Act, the district court here erred when it deprived Bradford an opportunity to waive its adequate-remedy-at-law objection, Judge Daniel A. Bress said. Because Jose Ruiz employed a strategy to beat federal removal by seeking only equitable relief rather than the legal relief of damages, Bradford must be ...
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