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Title: Price v. Berkeley Premium Nutraceuticals, Inc.

Cite:  No. 05-73169, 2005 WL 2649205 (E.D. Mi. Oct. 17, 2005)

Date: October 17, 2005

Court: Eastern District of Michigan (6th Circuit)

Subject: CAFA – Commencement

Summary:  Michigan district court denies remand, holds that a new complaint doesn’t relate back when there was never federal jurisdiction over the original claim and remanding party exercised their right to dismiss the original claim and file a new one.

Title: Indiana State District Council of Laborers and Hod Carriers Pension Fund v. Rental Care Group, Inc.

Cite:  2005 WL 2000658 (M.D. Tenn. Aug. 18, 2005)

Date: August 18, 2005

Court: Middle District of Tennessee (6th Circuit)

Subject: CAFA – Exceptions

Summary: The Middle District of Tennessee holds that removal based upon CAFA is improper where a class action is solely based upon breach of fiduciary duty in connection with a security, such a case is a “carve out” from CAFA.

Title: Adams v. Federal Materials Co., Inc.

Cite:  2005 WL 1862378 (W.D. Ky. July 28, 2005)

Date: July 28, 2005

Court: Western District of Kentucky (6th Circuit)

Subject: CAFA – Commencement

Summary: The Western District of Kentucky holds that plaintiffs amending their complaint to include a claim against Rogers Group “commenced” a new action in regards to CAFA.

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William_b_rubenstein_2 This site provides attorneys, judges, law professors and students with a comprehensive resource on class action law. The editor is William B. Rubenstein, Professor of Law at Harvard Law School. Professor Rubenstein's work emphasizes class action law: he has published, litigated, and served as an expert witness in the field and he regularly provides consulting services to attorneys involved in complex procedural matters. More..


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