Thirty-Day Removal Period Does Not Run Until Plaintiff Unambiguously Sets Out CAFA Jurisdiction: Eighth Circuit | Practical Law
On October 24, 2016, in Gibson v. Clean Harbors Environmental Services, Inc., the US Court of Appeals for the Eighth Circuit held that in a class action, the 30-day removal period 28 U.S.C. § 1446(b)(3) sets out does not begin to run until the defendant receives a paper from which it can unambiguously ascertain that the class satisfies the requirements of CAFA ( (8th Cir. Oct. 24, 2016)).