United States Third Circuit

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Morgan v. Gay, 06-8045

A provision of the Class Action Fairness Act (CAFA), 28 U.S.C. section 1453(c)(1), which states that a federal appellate court -may accept an appeal- from a remand order -if application is made to the court of appeals not less than 7 days after entry of the order,- should be read to mean -not more than 7 days after entry of the order- because the uncontested legislative intent behind the statute was to impose a seven-day deadline for appeals.

Appellate Information

  • Decided 10/16/2006
  • Published 10/16/2006

Judges

  • SMITH, Circuit Judge., Before BARRY, SMITH, and NYGAARD, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Walter H. Swayze, III, Christian H. Gannon, Robert J. Kenney, Maria C. Carlucci, Segal McCambridge Singer & Mahoney, LTD., New York, NY., John M. Agnello, Kerrie Heslin, Carella, Byrne, Bain, Gilfillian, Cecchi, Stewart, & Ostein, Roseland, NJ, for Petitioner.

  • For Appellees:
  • Jeffrey I. Carton, Jill C. Owens, Barry B. Cepelewicz, Meiselman, Denlea, Packman, Carton & Eberz, PC, White Plains, NY, for Respondent.
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