United States Seventh Circuit

In a civil action, the lower court's order denying the plaintiff's petition to remand the suit to state court is affirmed where, before passage of the Class Action Fairness Act, the plaintiff learned that he was suing the wrong party and, after the effective date of the Act, moved to amend his petition to substitute the parties. Relation back applies only if the defendant realized within the period in which he might have been sued that he should have been the one sued. Because the plaintiff delayed in substituting parties, the substitution is considered as the commencement of the suit against the new defendant and therefore the removal of the suit under the Class Action Fairness Act is proper.

Appellate Information

• Argued 04/04/2008
• Decided 04/15/2008
• Published 04/22/2008

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.