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LUTHER v. COUNTRYWIDE HOME LOANS SERVICING LP

No. 08-55865.

533 F.3d 1031 (2008)

David H. LUTHER, Individually and On Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. COUNTRYWIDE HOME LOANS SERVICING LP; Countrywide Home Loans, Inc.; Countrywide Securities Corporation; Morgan Stanley & Co., Inc.; UBS Securities LLC; Deutsche Bank Securities, Inc.; Citigroup Global Markets Inc.; Lehman Brothers, Inc.; Greenwich Capital Markets, Inc.; Edward D. Jones & Co., L.P.; J.P. Morgan Securities, Inc.; Credit Suisse First Boston; Goldman Sachs & Co.; Banc of America Securities, LLC; Barclays Capital Inc.; Bear Stearns and Company, Inc.; Stanford L. Kurland; Eric P. Sieracki; David A. Spector; N. Joshua Adler; Jennifer S. Sandefur; Ranjit Kripalani; CWALT, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2008.

Attorney(s) appearing for the Case

Dean J. Kitchens, Gibson Dunn & Crutcher LLP, Los Angeles, CA; Brian E. Pastuszenski, Goodwin Procter LLP, Boston, MA, for the defendants-appellants.

Joseph D. Daley, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for the plaintiff-appellee.

Before: SILVERMAN, RAWLINSON, and MILAN D. SMITH, JR., Circuit Judges.

SILVERMAN, Circuit Judge:

Section 22(a) of the Securities Act of 1933 creates concurrent jurisdiction in state and federal courts over claims arising under the Act. It also specifically provides that such claims brought in state court are not subject to removal to federal court. We hold today that the Class Action Fairness Act of 2005, which permits in general the removal to federal court of high-dollar class actions involving diverse parties, does not supersede ...

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