Expedia appeals remand order in case involving Class Action Fairness Act
Clients Expedia, Inc.; IAC/ Interactivecorp; Hotels.Com, L.P.; Hotels.Com GP, LLC
Jones Day, representing Expedia, Inc. and working with other firms, removed a putative statewide class action to federal court pursuant to 28 U.S.C. §§ 1332(d) and 1453, enacted by the Class Action Fairness Act of 2005 (CAFA). The district court remanded the case on the grounds that CAFA's provisions did not apply because the case was "commenced" prior to CAFA's effective date. In a case of first impression in the Ninth Circuit, Jones Day took the lead role in an appeal of the remand order under newly-enacted 28 U.S.C. § 1453(c) challenging the district court's interpretation of CAFA's effective date provision.
Bush v. Cheaptickets, Inc., 425 F.3d 683 (9th Cir. 2005)