United States Seventh Circuit

A petition for leave to appeal mailed on the seventh day after the district court's decision remanding the case to state court pursuant to a finding that defendant's removal of the case to federal court under the Class Action Fairness Act (CAFA) did not meet the statutory amount in controversy requirement is granted where: 1) a statute's language indicating that the petition is to be made to the court "not less than 7 days after entry of the order" cannot be interpreted to mean "not more than 7 days"; 2) the Federal Rules of Appellate Procedure cover the possibility that some laws or rules allowing interlocutory appeals omit deadlines by placing a 30 day limit; and 3) defendant's failure to admit what portion of all charges was unauthorized makes it uncertain, but not impossible, how high the judgment will be.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Nader R. Boulos, Kirkland & Ellis, Chicago, IL, Troy A. Bozarth, Hepler, Broom, Macdonald, Hebrank, True & Noce, LLC, Edwardsville, IL, for Defendant-Petitioner., Bradley M. Lakin, Wood River, IL, for Plaintiff-Respondent.