First Circuit holds that "Commenced" under CAFA Does Not Mean "Removed"

The First Circuit, in Natale v. Pfizer, Inc., 2005 WL 2253622 (1st Cir. Sep 16, 2005) (No. 05-2203) (per curiam), rejected the argument that an action is "commenced" under Section 9 of the Class Action Fairness Act (CAFA) on the date that a notice of removal is filed in the action. Instead, the term "commenced" means when the orginal action began, which under Massachusetts law is the date the civil action was "filed." Mass. R. Civ. P. 3 (stating that a civil action is commenced by filing of a complaint).

This decision brings the First Circuit in line with the two other circuits that have addressed the issue. See Knudsen v. Liberty Mut. Ins. Co., 411 F.3d 805, 806 (7th Cir.2005); Pritchett v. Office Depot, Inc., No. 05-0501, 2005 WL 1994020 (10th Cir. Aug.18, 2005), amending and superceding 404 F.3d 1232 (10th Cir.2005).