7th Circuit Says Pfizer's Removal Under CAFA Was Objectively Reasonable

CHICAGO - The 7th Circuit U.S. Court of Appeals has reversed a district court's award of plaintiffs' attorneys' fees stemming from Pfizer Inc.'s failed attempt to remove a Bextra and Celebrex class action, ruling that Pfizer's basis for removal under the Class Action Fairness Act was objectively reasonable. Lott, et al. v. Pfizer Inc., No. 06-3372 (7th Cir.).

In a June 25 opinion vacating the $23,664.83 award, the 7th Circuit said that when Pfizer filed its notice of removal on April 1, 2005, no circuit court had rejected the company's argument that the word "commenced" means the date on which …