Legal Opinion
Ford Motor Company v. Phillips, Joyce
Court of Appeals for the Seventh Circuit
Decided January 30, 2006No. 05-8031, 05-8032PublishedCited by 1 opinion
1Opinion of the Court
POSNER, Circuit Judge.
Before us are petitions for leave to appeal under the Class Action Fairness Act of 2005, Pub.L. 109-2, 119 Stat. 4, from orders remanding two class action suits to Illinois state courts. The question the petitions present is whether amending a complaint to add or substitute named plaintiffs (class representatives) “commences” a new suit. Id., § 9. The suits were filed before the effective date of the Class Action Fairness Act but the amendments came after. So if the amendments are deemed to commence new suits, these suits are removable to federal district court;…
2Cases cited30 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Bryson v. News America Publications, Inc.Illinois Supreme Court · 1996
- Steinberg v. Chicago Medical SchoolIllinois Supreme Court · 1977
- Scott Culver v. City of Milwaukee, and United States of America, Defendant-Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 2002
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3Cited by1 opinion
- Joyce Elaine Phillips, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Respondents v. Ford Motor Company, Defendant-Petitioner. Thomas Boxdorfer, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Respondents v. Daimlerchrysler Corporation, Defendant-PetitionerCourt of Appeals for the Seventh Circuit · 2006