On Tuesday, the U.S. Supreme Court hears oral arguments in Home Depot USA v. Jackson, the latest case to involve class action procedures. The case asks the question: Can a third-party counterclaim defendant remove a class action under the Class Action Fairness Act? There is a fair amount of amicus support on both sides, including the U.S. Chamber of Commerce and the American Association for Justice.

On appeal, Home Depot hopes to reverse a 2018 decision by the U.S. Court of Appeals for the Fourth Circuit that upheld an order remanding the case to state court. Home Depot had removed the case to federal court under the Class Action Fairness Act.

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