1st Circuit Affirms Remand in Pfizer Class Actions, Maintaining 'Commenced' Means 'Filed,' Not 'Removed'

BOSTON - The 1st Circuit Court of Appeals in a Sept. 16 published opinion granted plaintiffs remand in two class actions against Pfizer Inc., ruling that Pfizer's removal of the cases to federal court pursuant to the Class Action Fairness Act of 2005 does not qualify as the commencement date for the actions. Natale, et al. v. Pfizer Inc., No. 05-2203 (1st Cir.).

Pfizer, sued in two class actions in Middlesex Superior Court (Mass.) over the product Listerine Antiseptic Mouthrinse, removed the cases to the United States District Court for the District of Massachusetts and contends that the actions were …