Recent Eleventh Circuit CAFA decision: Main Drug, Inc. v. Aetna U.S. Healthcare, Inc. and
In Main Drug, Inc. v. Aetna U.S. Healthcare, Inc., ___ F.3d ___ (11th Cir. Jan. 16, 2007), the plaintiffs filed suit in state court, the defendants removed the action under CAFA, the district court denied the motion to remand, and the plaintiffs filed a notice of appeal. The Eleventh Circuit dismissed the appeal for lack of jurisdiction, holding that it would be "too much of a stretch" to interpret a notice of appeal as a petition for permission to appeal under CAFA (28 U.S.C. §1453(c)(1)), which is the required procedure for seeking appellate review of a CAFA remand order. One judge on the panel was a Ninth Circuit judge sitting by designation.