United States Ninth Circuit

In a breach of contract action brought by insurer against insured wherein insured cross-claimed "on behalf of the general public" alleging unfair business practices, remand of the action following removal under the Class Action Fairness Act (CAFA) is affirmed where: 1) under California's laws and rules of procedure, defendant commenced his class action lawsuit for purposes of CAFA one day before CAFA became effective; and 2) even if CAFA applied to the action, the insurer was a plaintiff/cross-defendant and not authorized to remove the action.

Appellate Information

• Argued 02/12/2007
• Decided 03/06/2007
• Published 03/06/2007

Judges

• IKUTA, Circuit Judge., Before B. FLETCHER, CLIFTON, and IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Craig E. Farmer, Farmer Smith Law Group, LLP, Sacramento, CA;  John B. Moorhead and Paul Karlsgodt, Baker & Hostetler, LLP, Denver, CO, for the appellant.


• For Appellees:
  
• Michael J. Bidart and Ricardo Echeverria, Shernoff Bidart & Darras, LLP, Claremont, CA, for the appellee.