10th Circuit: Untimely Removal Of Class Wage Suit Against Wendy’s Supports Remand

(October 15, 2024, 11:02 AM EDT) -- DENVER — A fast food franchisor’s removal of a wage-and-hour complaint to federal court following class certification was untimely, a 10th Circuit U.S. Court of Appeals panel ruled, opining that the company was given notice that the Class Action Fairness Act’s (CAFA) $5 million threshold was met in two letters sent months earlier demanding unpaid wages (Jeffrey Little, et al. v. Wendy’s International, LLC, No. 23-1232, 10th Cir., 2024 U.S. App. LEXIS 25558)....