CAFA CASES - BY JURISDICTION - FEDERAL - 7TH CIRCUIT


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APPELLATE COURT DECISIONS


Title: Natale v. General Motors Corp.

Cite:  No. 06-8011, 2006 WL 1458585 (7th Cir., 2006)

Date: May 8, 2006

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  7th Circuit affirms remand, finding that amended complaint relates back, despite apparent “place-holding,” because original complaint was never actually dismissed by defendant.


Title: Phillips v. Ford Motor Co.

Cite:  435 F.3d 785 (7th Cir. 2006)

Date: January 30, 2006

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  7th Circuit affirms remands, holds that amending a complaint to add or substitute named plaintiffs does not commence a new suit for CAFA purposes.


Title: Knudsen v. Liberty Mut. Ins. Co.

Cite:  435 F.3d 755 (7th Cir. 2006)

Date: January 27, 2006

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  7th Circuit vacates remand order, holds that post-CAFA expansion of class to include parties insured by defendant’s affiliates constitutes commencement of new action.


Title: Brill v. Countrywide Home Loans, Inc.

Cite:  427 F.3d 446 (7th Cir. 2005)

Date: October 20, 2005

Court:  7th Circuit Court of Appeals

Subject: CAFA – Burden of Proof

Summary:  The 7th Circuit reversed the Illinois district court’s remand, holding that the party removing under CAFA must prove subject-matter jurisdiction, but only to a reasonable probability, not a legal certainty.


Title: Schillinger v. Union Pacific R. Co.

Cite: 425 F.3d 330 (7th Cir. 2005)

Date: October 05, 2005

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary: 7th Circuit holds that neither a clerical error which incorrectly purports to add a party nor an expansion of the class definition commences a new action in regards to CAFA.


Title: Schorsch v. Hewlett-Packard Co.

Cite: 417 F.3d 748 (7th Cir. 2005)

Date: August 8, 2005

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary:  7th Circuit holds that amendments to class definitions do not commence new suits


Title: Pfizer, Inc. v. Lott

Cite: 417 F.3d 725 (7th Cir. 2005)

Date: August 4, 2005

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary: 7th Circuit holds that filing “commences” a case.


Title: Knudsen v. Liberty Mut. Ins. Co.

Cite: 411 F.3d 805 (7th Cir. 2005)

Date: June 7, 2005

Court: 7th Circuit Court of Appeals

Subject: CAFA – Commencement

Summary: 7th Circuit holds that alleged significant change to a class action is not a “commencement” of a new action.




DISTRICT COURT DECISIONS


Title: In re Audi

Cite: 2006 WL 1543752 (N.D. Ill. Jun. 1, 2006)

Date: June 1, 2006

Court: Northern District of Illinois (7th Circuit)

Subject: CAFA - Commencement

Summary:  Northern District of Illinois remands, holds that an amended pleading relates back, and therefore doesn’t affect the case’s commencement date, if it arises out of the same transaction or occurrence as a prior pleading.


Title: In re Sears, Roebuck & Co.

Cite: No. MDL-1703, 2006 WL 1517779 (N.D. Ill. May 24, 2006)

Date: May 24, 2006

Court: Northern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Northern District of Illinois remands, holding CAFA inapplicable because amended complaint that made no substantive changes relates back to the original complaint.


Title: Schillinger v. 360Networks USA, Inc.

Cite:  2006 WL 1388876 (S.D. Ill. May 18, 2006)

Date: May 18, 2006

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Illinois district court denies remand, holds that an amended complaint which only joins a new defendant relates back, and therefore doesn’t affect the date of commencement.


Title: G.M. Sign, Inc. v. Global Shop Solutions, Inc.

Cite:  No. 05 C 6591, 2006 WL 1236710 (N.D. Ill. May 9, 2006)

Date: May 9, 2006

Court: Northern District of Illinois (7th Circuit)

Subject: CAFA – Other

Summary:  Illinois district court remands case removed under CAFA, finding that removal was untimely under the Telephone Consumer Protection Act.


Title: Miller v Hypoguard USA, Inc.

Cite:  No. 05-CV-0186-DRH, 2006 WL 1285343 (S.D. Ill. May 8, 2006)

Date: May 8, 2006

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Southern District of Illinois remands, holding that amended complaint relates back despite joining a new defendant.


Title: Bemis v. Allied Property & Cas. Ins. Co.

Cite:  No. 05-CV-751-DRH, 2006 WL 1064067 (S.D. Ill. Apr. 20, 2006)

Date: April 20, 2006

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Illinois district court remands, finding that amended complaint relates back despite including new named plaintiff.


Title: In re General Motors Corp. Dex-Cool Products Liability Litigation

Cite:  2006 WL 644793 (S.D. Ill. Mar. 9, 2006)

Date: March 9, 2006

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Illinois district court remands, finding CAFA inapplicable where amended complaint included new named party and original complaint was never served.


Title: Fiore v. First American Title Ins. Co.

Cite:  No. 05-CV-474-DRH, 2005 WL 3434074 (S.D. Ill. Dec. 13, 2005)

Date: December 13, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Burden of Proof

Summary:  Southern District of Illinois denies remand, holding that party removing under CAFA bears burden of proving subject-matter jurisdiction.


Title: Phillips v. Ford Motor Co.

Cite:  No. 05-CV-503-DRH, 2005 WL 3263905 (S.D. Ill. Nov. 30, 2005)

Date: November 30, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Other

Summary:  Following remand, Illinois district court denies plaintiffs’ motion for attorney’s fees, holding that CAFA doesn’t authorize excessive and exorbitant attorney’s fees.


Title: Boxdorfer v. Daimlerchrysler Corp.

Cite:  396 F.Supp.2d 946 (C.D. Ill. 2005)

Date: October 25, 2005

Court: Central District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Illinois district court remands, holds that an amended complaint relates back, making CAFA inapplicable, when it only substitutes named plaintiffs.


Title: Phillips v. Ford Motor Co.

Cite:  No. 05-CV-503-DRH, 2005 WL 2654247 (S.D. Ill. Oct. 17, 2005)

Date: October 17, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  Illinois district court remands, holding that amending a complaint to comport with a pre-CAFA certification order and adding two new named plaintiffs does not commence a new case for CAFA purposes.


Title: Komeshak v. Concentra, Inc.

Cite:  2005 WL 2488431 (S.D. Ill. Oct. 7, 2005)

Date: October 7, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  The Southern District of Illinois holds that a case commences when it is filed, not when it is removed.


Title: Alsup v. 3-Day Blinds

Cite:  2005 WL 2094745 (S.D. Ill. Aug. 25, 2005)

Date: August 25, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary: The Southern District of Illinois holds that CAFA is not applicable because the case was filed on Febuary 17, prior to CAFA’s effective date.


Title: Smith v. Pfizer, Inc.

Cite:  2005 WL 3618319 (S.D. Ill. Mar. 24, 2005)

Date: March 24, 2005

Court: Southern District of Illinois (7th Circuit)

Subject: CAFA – Commencement

Summary:  The Southern District of Illinois holds that commencement occurs when a case is filed in state court, not when it is removed.


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