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9th Circ. Kicks Costco PAGA Seating Suit Back To State Court

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Kicks Costco PAGA Seating Suit Back To State Court

9th Circ. Kicks Costco PAGA Seating Suit Back To State Court

Law360 (July 9, 2020, 9:53 PM EDT) — The Ninth Circuit ruled Thursday that a lower court erred by removing a Costco worker’s Private Attorneys General Act lawsuit over unprovided seating to federal court, rejecting Costco’s arguments that labeling a complaint as a “class action” is enough to meet removal requirements under the Class Action Fairness Act.

In a 22-page opinion written by U.S. Circuit Court Judge Clifford Wallace, a three-judge panel held that although plaintiff Liliana Canela’s initial complaint included a title page with the phrase “class action” and “class action complaint” was written in the footer throughout the document, the state lawsuit never sought to be a…

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