Tenth Circuit Splits with Fifth, Seventh Circuits over Effect of Adding Parties Post-CAFA on "Commencement”
BNA’s Class Action Litigation Report (Volume 7 Number 10, May 26, 2006, Page 334, ISSN 1529-8000) is reporting on Prime Care of Northeast Kansas LLC v. Humana Insurance Co., --- F.3d ----, 2006 WL 1305229 (10th Cir. May 12, 2006), in which the Tenth Circuit found that “only pleading amendments that do not relate back to the pre-CAFA initial filing date of a civil action ‘commence’ the action anew for Class Action Fairness Act purposes.”
"Remanding the suit to the district court for further analysis, Judge Mary Beck Briscoe determined that the statute, which applies to "any civil action commenced on or after [the statute's effective date--Feb. 18, 2005]" authorizes removal of a case filed pre-CAFA by a defendant first added in a post-CAFA pleading amendment, as long as the amendment does not relate back to the original filing."
BNA subscribers can view the full report on the case by clicking here.