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MAIN DRUG, INC. v. AETNA U.S. HEALTHCARE, INC.

Nos. 06-12419, 06-12420.

475 F.3d 1228 (2007)

MAIN DRUG, INC., Plaintiff-Appellant, v. AETNA U.S. HEALTHCARE, INC., Aetna, Inc., Defendants-Appellees. Eufaula Drugs, Inc., Plaintiff-Appellant, v. TDI Managed Care Services, Inc. and Eckerd Health Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 16, 2007.

Attorney(s) appearing for the Case

Robert G. Methvin, Jr., James Michael Terrell, McCallum, Methvin & Terrell, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Richard W. Cohen, Scott Vincent Papp, Lowey Dannenberg Bemporad Selinger & Cohen, P.C., White Plains, NY, Pamela B. Slate, Slate Kennedy, LLC, Montgomery, AL, for Aetna Defendants.

Kevin M. McGinty, John Michael Stephan, Keith P. Carroll, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC, Boston, MA, Steven K. Herndon, Gidiere, Hinton, Herndon & Christman, Montgomery, AL, for TDI Managed Care Services, Inc. and Eckerd Health Services.

Before CARNES, PRYOR and FARRIS, Circuit Judges.

CARNES, Circuit Judge:

This consolidated appeal involves two putative class action cases (involving the same issues) which were removed to federal court under 28 U.S.C. § 1453, the Class Action Fairness Act (CAFA). The complaints in the two actions were filed in state court (by the same counsel) before the effective date of CAFA, but the summonses were not provided to the clerks of the state courts until after the effective date. Relying on the filing dates,...

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