In Krasner v. Cedar Realty Trust, et al., — F.4th –, 2023 WL 7517017 (2d Cir. Nov. 14, 2023), the U.S. Court of Appeals for the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by the Class Action Fairness Act (CAFA) prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims.

In a unanimous decision authored by Chief Judge Debra Livingston and joined by Circuit Judges Beth Robinson and Maria Araújo Kahn, the panel held that the CAFA exception applied and that the case was therefore properly remanded to state court.

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