Spivey v. Vertrue, Inc.
United States Court of Appeals for the Seventh Circuit
528 F.3d 982 (2008)
- Written by Alexis Franklin, JD
Facts
Quinten Spivey (plaintiff) filed a class-action suit against Vertrue, Inc. (defendant) in state court. Vertrue removed the matter to federal court, pursuant to 28 U.S.C. § 1453, the Class Action Fairness Act (CAFA). Spivey moved for remand to state court on the ground that the case did not meet the requirements for jurisdiction under CAFA. On April 8, 2008, the district court judge ordered that the case be remanded to state court. On April 18, Vertrue filed a petition for leave to appeal the remand. Spivey contended that although the statute stated that an appeal must be filed in “not less than 7 days,” the drafters must have intended to write “not more than 7 days” or “not later than 7 days.” Spivey argued that the appeal was filed too late and, therefore, the court of appeals lacked jurisdiction.
Rule of Law
Issue
Holding and Reasoning (Easterbrook, C.J.)
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