United States Seventh Circuit

In a class action suit against insurers alleging that defendants violated fraud and consumer protection law by underpaying accident insurance claims submitted by the plaintiff and the members of his class, denial of the plaintiff's motion to remand to state court is affirmed where the substitution of a defendant did not relate back to the original suit since the plaintiff's delay in moving for substitution prevented the new defendant from knowing that, but for mistake, the action should originally have been brought against it. Thus, the filing date of the lawsuit for removal purposes under the Class Action Fairness Act was the date of substitution, which placed the action within the Act's effective date and allowed for removal to federal court.

Appellate Information

• Argued 04/04/2008
• Decided 04/15/2008
• Published 04/15/2008

Judges

• POSNER, Circuit Judge., Before POSNER, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jonathan B. Piper (argued), Lakin Law Firm, Wood River, IL, Timothy Campbell, Campbell & McGrady, Godfrey, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Robert N. Hochman (argued), Sidley Austin, chicago, IL, for Defendants-Appellees.