Seventh Circuit Reaffirms Position that Expanding Proposed Class Post-CAFA Enactment Does Not Constitute "Commencement"

The Seventh Circuit in Schillinger v. Union Pacific R. Co., 425 F.3d 330 (7th Cir. Oct. 5 2005), has held that expanding the proposed class of plaintiffs after the enactment date of the Class Action Fairness Act does not change the parties to the litigation or add new claims and thus does not constitute "commencement" under CAFA. Because such a change did not alter the fact that commencement of the action occurred when it was filed in state court, and that took place prior to the effective date of CAFA, the case was not removable to federal court under CAFA. This decision reaffirmed the essence of the Seventh Circuit's recent decision in Schorsch v. Hewlett-Packard Co., 417 F.3d 748 (7th Cir. Aug 08, 2005).