United States Ninth Circuit

A decision remanding a class action removed under the Class Action Fairness Act of 2005 (CAFA) to state court is affirmed where CAFA and its removal provisions did not apply because the action was commenced before CAFA's effective date. Any amendment of an original complaint, whether to add new causes of action, to add or replace plaintiffs, or to add or replace defendants, does not change the commencement date for the action for CAFA purposes, which is the date the original complaint was filed.

Appellate Information

• Argued 03/14/2007
• Decided 03/16/2007
• Published 03/16/2007

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before HUG, BRUNETTI, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James R. McGuire, Dean J. Zipser, Morrison & Foerster, Irvine, CA, for the appellants.


• For Appellees:
  
• Anthony A. Ferrigno, San Clemente, CA;  David J. Franklin, Franklin & Franklin, San Diego, CA, for the appellee.