Sacramento, CA asked in Employment Law for California

Q: Does 28:1441 Notice of Removal - Labor/Mgmnt. Relations in a class action lawsuit mean the case was dropped?

There was a class action lawsuit against my work for unpaid wages and I am to benefit if a settlement was reached but the cause of action states 28:1441 Notice of Removal - Labor/Mgmnt. Relations. And I am not sure what this means

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2 Lawyer Answers
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
Answered

A: No, it means the case was originally filed in state court and now the case has been removed to Federal court. Your lawyer can file a Motion to Remand the action back to state court, however, remand of a case which pleads only federal causes of action are usually not remanded.

1 user found this answer helpful

Glen D. Duvel
Glen D. Duvel
Answered
  • Santa Ana, CA
  • Licensed in California

A: It means the case was originally filed in State Court and the Defendant removed (changed courts) to Federal Court. Many times in Class Actions, the corporate headquarters of the defendant is out of state. In such a situation, provided other parameters are also met, the defendant can remove the matter to Federal Court. Such a removal should not greatly impact the manner in which the case is handled or resolved.

1 user found this answer helpful

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