Pfizer, Inc. v. Ricky Lott, Individually & on Behalf of All Others Similarly Situated, 417 F.3d 725 (7th Cir. 2005). · Go Syfert
Pfizer, Inc. v. Ricky Lott, Individually & on Behalf of All Others Similarly Situated, 417 F.3d 725 (7th Cir. 2005). Cases Citing This Book View Copy Cite
“ujnder illinois law the filing of the complaint had 'commenced' the suit.”
22 citation events (22 in the last 25 years) across 9 distinct courts.
Strongest positive: Dinkel v. General Motors Corp. (med, 2005-11-09)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dinkel v. General Motors Corp. (2×) also: Cited as authority (rule)
D. Me. · 2005 · quote attribution · 1 verbatim quote · confidence high
ujnder illinois law the filing of the complaint had 'commenced' the suit.
cited Cited as authority (rule) In Re: Light Cigarettes Marketing Sales Practices Litigation
D. Me. · 2010 · confidence medium
Natale v. Pfizer, Inc., 424 F.3d 43, 44 (1st Cir.2005); accord Plubell v. Merck & Co., Inc., 434 F.3d 1070, 1071 (8th Cir.2006); Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005).
cited Cited as authority (rule) Lott v. Pfizer, Inc.
7th Cir. · 2007 · confidence medium
Pfizer, Inc. v. Lott, 417 F.3d 725, 727 (7th Cir.2005).
cited Cited as authority (rule) Lott, Ricky v. Pfizer, Incorporated
7th Cir. · 2007 · confidence medium
Pfizer, Inc. v. Lott, 417 F.3d 725, 727 (7th Cir. 2005).
discussed Cited as authority (rule) Hall v. State Farm Mutual Automobile Insurance (2×)
6th Cir. · 2007 · confidence medium
Co., 435 F.3d 755, 757-58 (7th Cir.2006) (relying on state relation back law to determine whether addition of a claim commenced new litigation for purposes of CAFA); Plubell v. Merck & Co., Inc., 434 F.3d 1070, 1071 (8th Cir.2006) (“[s]tate law determines when a suit is commenced in state court”); Bush v. Cheaptickets, Inc., 425 F.3d 683 , 686 (9th Cir.2005) ("[I]t is ‘clear that a federal court must honor state court rules governing commencement of civil actions when an action is first brought in state court and then removed to federal court ...." (quoting Cannon v. Kroger Co., 837 F.2d…
discussed Cited as authority (rule) Buller Trucking Co. v. Owner Operator Independent Driver Risk Retention Group, Inc.
S.D. Ill. · 2006 · confidence medium
See Phillips v. Ford Motor Co., 435 F.3d 785 , 787-88 (7th Cir.2006) (whether an amendment of a complaint relates back or not for purposes of commencement under CAFA is governed by state law); Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005) (commencement of an action for CAFA purposes is determined by state law); Schillinger, 2006 WL 1388876 , at *3 (noting that “the weight of authority” tests relation back for CAFA purposes by reference to state law); In re General Motors Corp. Dex-Cool Prods.
discussed Cited as authority (rule) Adams v. Insurance Co. of North America
S.D.W. Va · 2006 · confidence medium
See, e.g., Bush v. Cheaptickets, Inc., 425 F.3d 683, 686 (9th Cir.2005) (“[Gjiven its context, CAFA’s ‘commenced’ language surely refers to when the action was originally commenced in state court” rather than the date of removal); Natale v. Pfizer, Inc., 424 F.3d 43, 44 (1st Cir.2005); Pritchett v. Office Depot, Inc., 420 F.3d 1090, 1094 (10th Cir.2005); Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005). 7 The term “commence” is susceptible to a common, bright-line interpretation.
discussed Cited as authority (rule) Bush v. Cheaptickets, Inc. (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
The Court held that the notice of removal itself does not commence a new case because "[e]quating filing with commencement is the norm in civil practice." In a second case, on facts nearly identical to those presented here, the Seventh Circuit repeated that "`commenced' indeed means `filed' rather than `removed.'" Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005).
discussed Cited as authority (rule) Bush v. Cheaptickets, Inc. (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
The Court held that the notice of removal itself does not commence a new case because “[e]quating filing with commencement is the norm in civil practice.” In a second case, on facts nearly identical to those presented here, the Seventh Circuit repeated that “ ‘commenced’ indeed means ‘filed’ rather than ‘removed.’ ” Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005).
cited Cited as authority (rule) Sotelo v. DIRECTREVENUE, LLC
N.D. Ill. · 2005 · confidence medium
Pfizer, Inc. v. Lott, 417 F.3d 725, 726 (7th Cir.2005), Knudsen v. Liberty Mut.
cited Cited "see" Knudsen v. Liberty Mutual Insurance
N.D. Ill. · 2005 · signal: see · confidence high
See Pfizer, Inc., v. Lott, 417 F.3d 725 (7th Cir.2005); Schorsch v. Hewlett-Packard Co., 417 F.3d 748 (7th Cir.2005); Schillinger v. Union Pac.
Retrieving the full opinion text from the archive…
PFIZER, INC., Petitioner,
v.
Ricky LOTT, Et Al., Individually and on Behalf of All Others Similarly Situated, Respondents
05-8013.
Court of Appeals for the Seventh Circuit.
Aug 4, 2005.
417 F.3d 725
Richard F. O’Malley, Jr., Sidley Austin Brown & Wood, Chicago, IL, for Petitioner., Stephen M. Tillery, Korein Tillery, St. Louis, MO, for Respondents.
Bauer, Posner, Wood.
Cited by 14 opinions  |  Published
POSNER, Circuit Judge.

Pfizer, sued in a class action in an Illinois state court, removed the suit to federal district court, which remanded it to the state court on the ground that there was no federal jurisdiction. The suit charged Pfizer with having overcharged for two drugs in violation of state consumer-protection law. There was no federal claim, and so the only possible basis of federal jurisdiction was diversity of citizenship. The named plaintiffs stipulated that they would not seek or even accept damages in excess of $75,000, and while the stipulation would not bind the other members of the class, Manguno v. Prudential Property & Casualty Ins. Co., 276 F.3d 720, 724 (5th Cir.2002), the likelihood that any purchaser of either drug had damages in excess of $75,000 was sufficiently remote (In re Brand Name Prescription Drugs Antitrust Litigation, 123 F.3d 599, 607 (7th Cir.1997); see also Garbie v. DaimlerChrysler Corp., 211 F.3d 407, 410 (7th Cir.2000)) to cast on Pfizer the burden[*726] of presenting some evidence or argument to establish the plausibility of an inference that at least one member of the class could cross the $75,000 threshold, American Bankers Life Assurance Co. v. Evans, 319 F.3d 907, 909 (7th Cir.2003), which would establish jurisdiction over the entire class. Exxon Mobil Corp. v. Allapattah Services, Int'l, - U.S. -, 125 S.Ct. 2611, 162 L.Ed.2d 502 (2005).

But Pfizer had another string to its bow. The Class Action Fairness Act of 2005, Pub.L. 109-2,119 Stat. 4, provides that the minimum amount in controversy is satisfied if the aggregate stakes in a class action exceed $5 million, as it plainly does in this case. The rub is that the suit was filed in the state court the day before the Act was enacted, although the complaint was served afterwards and the suit was removed to the federal district court within the 30 days that are permitted for removing from state court a suit that is within the jurisdiction of the federal courts. 28 U.S.C. § 1446(b). The Class Action Fairness Act is applicable only to suits “commenced on or after” the date of enactment, and the district judge ruled that this meant the date on which the suit was filed in the state court, not the date of removal. Pfizer asks us to permit it to appeal from this determination. Fed. R.App. P. 5, 27. Although remands to state court are ordinarily nonappealable, the new Act makes an exception for remands of suits removed under it. 28 U.S.C. § 1453(c).

We are tempted to deny the petition with just a citation to Knudsen v. Liberty Mutual Ins. Co., 411 F.3d 805 (7th Cir.2005), which holds (following Pritchett v. Office Depot, Inc., 404 F.3d 1232 (10th Cir.2005), the only other appellate case to address the issue), that “commenced” indeed means “filed” rather than “removed.” But as Pfizer points out, there is a difference between the present case on the one hand and Knudsen and Pritchett on the other. In Knudsen the suit had been filed five years, and in Pritchett two years, before removal. The ordinary deadline for removal is 30 days, as we said, though there is an exception for cases in which removal doesn’t become possible until later, 28 U.S.C. § 1446(b); Benson v. SI Handling Systems, Inc., 188 F.3d 780, 782 (7th Cir.1999), and the defendants pointed out that removal first became possible when the Class Action Fairness Act was passed. If that argument for removal prevailed, then as we noted in Knudsen the Act would have a dramatic retroactive effect. In contrast, removal here occurred within the 30-day deadline.

Nevertheless we think Knudsen and Pritchett should govern this case as well. While it is true that the proceeding in federal court was “commenced” by the filing of the removal petition, that filing was not the beginning of the suit. For what was removed was the suit that had been brought in the Illinois state court, and under Illinois law the filing of the complaint had “commenced” the suit. 735 ILCS 5/2-201; Kohlhaas v. Morse, 36 Ill.App.2d 158, 183 N.E.2d 16, 19 (1962). Nothing changed except the forum. The principle is recognized in decisions involving the transfer of cases that were filed in the wrong forum initially; the transfer does not commence a new suit for purposes of deciding whether the suit is timely. E.g., Phillips v. Seiter, 173 F.3d 609, 610 (7th Cir.1999). Moreover, were Pfizer’s reading adopted, we would have to rewrite the statute in order to create an exception for cases such as Knudsen and Pritchett in which the removed suit had been filed more than 30 days before removal. That necessity suggests that Pfizer’s reading is incorrect. The injustice of which it complains is not so great as to justify radical judicial surgery on the statute.

[*727] This is not to belittle Pfizer’s indignation at the plaintiffs’ having beat the statute by one day, but their gamesmanship actually hurts its argument. Pharmaceutical and other companies that pressed for the enactment of the Class Action Fairness Act were doubtless acutely aware, as the bill that became the statute was wending its way through Congress en route to enactment, that the prospect of its enactment would spur the class action bar to accelerate the filing of state-law class actions in state courts. Doubtless the companies made their concerns known to Congress. The fact that Congress did not respond by writing “removed” (or “removed after the date of enactment but within 30 days of the original filing”) instead of “commenced” is telling.

The petition to appeal is

DENIED.