Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TIMOTHY and BERNADETTE LLOYD, et al. Plaintiffs, v. GENERAL MOTORS CORP., et al. Defendants.

: : : : : :

Civil No. BEL-07-2487

MEMORANDUM The Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4, allows certain class actions to proceed in federal court provided there is minimal diversity between the parties. By its terms, however, the CAFA applies only to actions "commenced" on or after February 18, 2005. 119 Stat. at 14. In the years since the CAFA was passed, parties to actions pending on the date of the statute's enactment have attempted, with some success, to remove their cases to federal court. This is such a case. In June 1999, a group of Maryland residents sued four American automobile manufacturers for damages arising from the cost of replacing allegedly defective seating systems. After more than eight years of litigation, the Defendants invoked the CAFA and transferred the proceedings to this Court. The Plaintiffs promptly moved to remand, arguing that the CAFA is inapplicable because the instant suit "commenced" with the filing of the Plaintiffs' initial complaint in June 1999. The Court heard oral argument on the Plaintiffs' motion on May 23, 2008 and is now prepared to issue its ruling. As explained more fully below, the Court agrees with the Defendants that the material changes in the Plaintiffs' Fourth Amended Complaint effectively "commenced" a new action for purposes of the CAFA. As a result, the instant class action was properly removable under 28 -1-

U.S.C.

Download Timothy and Bernadette Lloyd, et al. v. General Motors Corp., et al.pdf

Maryland Law