Mealey's Litigation Procedure - 2nd Circuit: MERS's Removal Of Class Action Suit Was Timely; Remand Vacated

Mealey's Litigation Procedure - 2nd Circuit: MERS's Removal Of Class Action Suit Was Timely; Remand Vacated

NEW YORK - A federal judge in New York's order remanding a class action suit against Mortgage Electronic Registration Systems Inc. (MERS) was vacated by a Second Circuit U.S. Court of Appeals panel on April 17 after it found that the 30-day removal periods of 28 U.S. Code Sections 1446(b)(1) and (b)(3) are not triggered until the plaintiffs serve the defendants with a pleading or document that explicitly specifies the amount in damages sought or sets forth facts from which an amount in controversy in excess of $5 million can be ascertained (Brian Cutrone, et al. v. Mortgage Electronic Registration Systems Inc., No. 14-455-cv, 2nd Cir.; 2014 U.S. App. LEXIS 7350).

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