Faulk

Faulk v. Jeld-Wen, Inc.

Good Law
United States Court of Appeals for the Ninth CircuitNovember 14, 202524-4078California3,286 words

Opinion

Opinion

R. NELSON, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID G. FAULK; BONNIE J. No. 24-4078

FAULK,

D.C. No. 3:22-cv-00171- Plaintiffs - Appellants,

SLG

v.

OPINION

JELD-WEN, INC., doing business as Pozzi Window Company; SPENARD

BUILDERS SUPPLY, LLC;

RODERICK C. WENDT,

Defendants - Appellees.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, Chief District Judge, Presiding

Argued and Submitted August 15, 2025 Anchorage, Alaska

Filed November 14, 2025

Before: Susan P. Graber, John B. Owens, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge R. Nelson FAULK V. JELD-WEN, INC.

SUMMARY *

Removal / Class Action Fairness Act

The panel vacated the district court’s order dismissing a second amended complaint with prejudice, and remanded with instructions to remand the case to state court unless defendants establish another basis for federal jurisdiction. Plaintiffs amended their complaint to remove all class allegations. The district court denied their motion to remand because this Court’s precedent suggested that post-removal amendments to class action complaints, amending…

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