Federal Appeals Court Rejects Pfizer's Removal Argument in Celebrex/Bextra Case

CHICAGO - A federal appeals court has denied a petition to appeal a district court judge's decision to remand a Celebrex and Bextra class action that had been removed by Pfizer under the recently enacted Class Action Fairness Act of 2005. Pfizer Inc. v. Lott, No. 05-8013 (7th Cir.).

In an Aug. 4 decision, the Seventh Circuit U.S. Court of Appeals refused to reverse the lower court, determining that the date on which a suit is filed, not removed to federal court, is the date it 'commences' in accordance with the new law.

The underlying case was filed in Illinois' …