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- ilnd;;1:08-cv-04035_de56 RegisterActionDate "2009-02-02" @default.
- ilnd;;1:08-cv-04035_de56 RegisterActionDescriptionText "CERTIFIED COPY of USCA JUDGMENT by USCA no. 08-8031 dated 1/5/09. We grant the application and proceed immediately to decision, because the papers filed at the motion state address the merits too. We therefore disagree with Luther and hold that securities class actions covered by the 2005 Act are removable, subject to the exceptions in Section 1332(d)(9) and Section 1453(d). Because it creates a conflict among the circuits, this opinion was circulated before release to all judges in active service. See Circuit Rule 40(e). None of the judges favored hearing en banc. The judgment of the district court is vacated, and the case is remanded for the decision whether Section 1453(d)(3) prevents removal under the 2005 Act and, if it does, whether the case is removable under some other grant of jurisdiction. If the case is not removable, it must be remanded otherwise it must be decided on the merits. The above is in accordance with the decision of this court entered on this date. (smm) (Entered: 02/03/2009)" @default.
- ilnd;;1:08-cv-04035_de56 AdministrativeID "57" @default.