7th Circuit Says CAFA Removal Is A One-Way Street

On January 22, 2010, Judge Posner authored the opinion of the Seventh Circuit in Cunningham Charter Corp. v. Learjet Inc., No. 09-8042, which held that a class action removed to a federal district court under the Class Action Fairness Act (CAFA) must not be remanded simply because a motion to certify a class has been denied. The district court denied a motion to certify and interpreted CAFA as requiring it to remand the case, if there was no longer a potential class. The district court's interpretation could result in a plaintiff being free to pursue class certification in state court after remand — which the Seventh Circuit stated is completely at odds with CAFA's purposes.

The decision arose from a class action lawsuit filed against Learjet, Inc. in Illinois state court, asserting claims for breach of warranty and products liability. Learjet removed the case to federal district court based on CAFA. The named plaintiff moved to certify two classes. The district