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: Federal Civil Practice BulletinS.D.N.Y. Holds that CAFA Removal Provision Trumps Non-Removal Provision of Securities Act
The Plaintiffs argue that CAFA does not override the Securities Act anti-removal provision, and that even if it did, this case falls under one of CAFA's exceptions, § 1332(d)(9)(C), which excepts from federal jurisdiction a class action that relates to the ?rights, duties and obligations arising out of a security.? 28 U.S.C. § 1332(d)(9)(C). Defendants instead and among other arguments contend that CAFA, passed in 2005, trumps the anti-removal provision of the Securities Act of 1933 because the statutes' conflicting language brings into play the Rule of Recency, and thus CAFA passed in 2005 controls. ( See Def Opp. Mem. 14-15 (citing In re Inosphere Clubs, Inc., 922 F.2d 984, 991 (2d Cir.1990).) . . .
Full post as published by Federal Civil Practice Bulletin on September 30, 2008 (boomark / email).
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