The U.S. Court of Appeals for the Third Circuit, affirming a lower court’s remand to state court, held that a suit filed by a group of plaintiffs against an indemnity company wasn’t a class action despite the fact that a nearly identical class action had previously been filed—and voluntarily dismissed—by some of the same plaintiffs.
Third Circuit Judge D. Brooks Smith, writing for a unanimous three-judge panel, determined that Erie Insurance Exchange’s suit against Erie Indemnity Co. wasn’t a class action as defined by the Class Action Fairness Act of 2005 (CAFA), and thus, should be remanded to state court instead of federal court.
