The Ninth Circuit today affirmed remand of a case to state court after a new defendant removed it under the Class Action Fairness Act. The court concluded that, because under California law a lawsuit commences upon filing of the original action in state court, any later changes — including new claims, new plaintiffs, or new defendants — do not retrigger a right of removal under CAFA. Because the case began before CAFA took effect, court held, the district court properly remanded. McAtee v. Capital One F.S.B., No. 06-17125 (9th Cir. Mar. 16, 2007).

Barry Barnett

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