Tuesday, November 15, 2005

Alabama Federal Court Holds that Amended Complaint Does Not Trigger CAFA

Per BNA's Class Action Litigation Report (Volume 06 Number 21 November 11, 2005 Page 774):

"An amended complaint, filed after the effective date of the Class Action Fairness Act to correct the defendant's name and address, relates back to the initial filing of the suit pre-CAFA, a federal court in Alabama ruled Oct. 6. The court remanded a dispute between drugstores and a pharmacy benefit manager to state court (Eufaula Drugs Inc. v. ScripSolutions, M.D. Ala., No. 2:05cv370-A, 10/6/05)."

The court reasoned that determining the date of commencement for CAFA purposes is akin to determining it for statute of limitations purposes and thus a "relation-back" analysis is appropriate.

Subscribers may view the entire article by clicking here


Post a Comment

<< Home