Plaintiff Says New Class Action Law Doesn't Apply to Celebrex Case

EAST ST. LOUIS, Ill. - A plaintiff who filed a Celebrex class action one hour before President George W. Bush signed the Class Action Fairness Act into law is seeking to have the case remanded to state court, arguing that the law was not in effect at the time he filed suit. Driscoll v. Pfizer Inc., No. 05-252 (S.D. Ill.).

In a motion for remand filed May 20 in the U.S. District Court for the Southern District of Illinois, John J. Driscoll contends that the Act doesn't apply to his claim because the measure was never intended to apply retroactively. …