George and Ruth Schillinger v. Union Pacific Railroad Company and Union Pacific Corporation
Court of Appeals for the Seventh Circuit
1Opinion of the Court
WOOD, Circuit Judge.
Union Pacific Railroad Company and Union Pacific Corporation removed this suit to federal court, invoking the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (2005) (CAFA). The district court remanded after determining that the case formally began before CAFA’s effective date of February 18, 2005, and thus was not subject to the Act. The companies acknowledge that the suit predates CAFA, but they argue that two developments that postdate CAFA have changed the case so profoundly that they may now remove it: the addition of a new defendant, and the…
2Cases cited9 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
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- Kirsten Knudsen, Chris Baker, and Vikki Baker, Plaintiffs-Respondents v. Liberty Mutual Insurance Company, Defendant-PetitionerCourt of Appeals for the Seventh Circuit · 2005
- Darla S. Sparrow and Terry R. Sparrow v. Harlan HellerCourt of Appeals for the Seventh Circuit · 1997
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