United States Tenth Circuit

Petition for review of an order remanding to Oklahoma state court a putative class action, which defendants-oil and gas companies had previously removed to federal court under the Class Action Fairness Act (CAFA), is denied as the action at issue commenced prior to the effective date of CAFA, and thus the circuit court lacked jurisdiction to hear the appeal.

Appellate Information

• Decided 11/09/2007
• Published 11/12/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jonathan D. Hacker, O'Melveny & Myers, LLP, Washington, D.C. (Charles E. Borden, O'Melveny & Myers, LLP, Washington, D.C., and Brian S. Engel, McGinnis, Lochridge & Kilgore, Austin, Texas, with him on the briefs), appearing for Appellants.


• For Appellees:
  
• Robert D. Tomlinson, Tomlinson & O'Connell, P.C., Oklahoma City, Oklahoma (Kenneth N. McKinney, Mary E. Nelson, and Toby M. McKinstry, Tomlinson & O'Connell, P.C., Oklahoma City, Oklahoma;  Jeremy Thurman, Napoli Bern Ripka LLP, Oklahoma City, Oklahoma;  and Paul Napoli and Marc Jay Bern, Napoli Bern Ripka LLP, New York, New York, with him on the brief), appearing for Appellees.