Case Explained: VELASQUEZ V. LUXOTTICA OF AMERICA INC., ET AL.

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-16

Docket: 2:25-cv-00074-MCS-PVC

The ninth-circuit vacated the district court’s order granting a motion to remand a removed class action case to state court and remanded the matter for further proceedings consistent with its recent decision in *Ruiz v. Bradford Exch., Ltd.* The court held that while district courts possess the authority to remand cases for lack of equitable jurisdiction, they must first provide the removing defendant an opportunity to waive the “adequate remedy at law” objection before doing so. Because the district court granted the remand without affording Luxottica this specific opportunity, the procedural requirement established in *Ruiz* was not satisfied. Consequently, the case is sent back to the district court to allow Luxottica the chance to waive the adequate-remedy-at-law objection before any final ruling on equitable jurisdiction is made.

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