On January 27, 2006, the Seventh Circuit issued another CAFA opinion, this time holding that "a novel claim tacked on to an existing case commences new litigation for purposes of the Class Action Fairness Act." Knudsen v. Liberty Mutual Ins. Co., ___ F.3d ___ (7th Cir. Jan. 27, 2006). The defendant's previous effort to remove this case to federal court under CAFA failed. See Knudsen v. Liberty Mutual Ins. Co., 411 F.3d 805 (7th Cir. 2005). The latest opinion is noteworthy because I believe it is the first one in which a case originally filed before CAFA's effective date was successfully removed based on post-CAFA activity in the trial court. [Hat tip: How Appealing.]
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