Legal Opinion

In Re: Light Cigarettes Marketing Sales Practices Litigation

District Court, D. Maine

Decided November 22, 2010No. 1:09-md-02068-JAWPublished

1Opinion of the Court

ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND

JOHN A. WOODCOCK, JR., Chief Judge.

Because the Plaintiffs’ Second Amended Class Action Complaint relates back to their original complaints, which were filed before the passage of the Class Action Fairness Act, Pub. L. No. 109-2, 119 Stat. 4 (2005) (CAFA), the Court concludes that CAFA does not apply and grants Plaintiffs’ Motion to Remand (Docket #245) (Pis.’Mot.).

I. STATEMENT OF FACTS

A. Procedural History 1

On April 18, 2003, Loretta Lawson filed a complaint in Circuit Court, Pulaski County, Arkansas against Philip Morris Companies, Inc. and Philip…

2Cases cited30 opinions

  1. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  2. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  3. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  4. Jacobsen v. OsborneCourt of Appeals for the Fifth Circuit · 1998
  5. Romia Pritchett, on Behalf of Himself and All Other Individuals Similarly Situated v. Office Depot, Inc.Court of Appeals for the Tenth Circuit · 2005

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