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National Litigation Hotline

By ALM Staff | Law Journal Newsletters |
April 27, 2005

Tenth Circuit Denies Retroactive Application of Class Action Fairness Act

The Tenth Circuit has held that the Class Action Fairness Act (the Act) does not apply to class action suits commenced in state court prior to the Act's enactment on Feb. 18, 2005. Pritchett v. Office Depot Inc., 2005 WL 827158 (10th Cir. Apr. 11).

The initial class action suit against Office Depot, alleging that assistant managers had been denied overtime compensation for hours regularly worked beyond 40 hours per week, was filed in state court in April 2003 and certified in June 2004. On the eve of trial, Office Depot attempted to remove the case to federal court by arguing that the Class Action Fairness Act gave the federal court system proper jurisdiction. Finding that the Act did not apply to cases filed in state court prior to its date of enactment, the judge for the U.S. District Court for the District of Colorado sent the case back to state court. The Tenth Circuit affirmed the lower court's judgment by finding that the language of the new law was inapplicable to cases “commenced” in state court prior to Feb. 18, 2005.

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