054217P.pdf   01/20/2006  Mary Plubell  v.  Merck & Co., Inc.
   U.S. Court of Appeals Case No:  05-4217
   Western District of Missouri   
   [PUBLISHED] [Benton, Author, with Smith and McMillian]
   Civil case - Class Action Fairness Act of 2005. District court correctly
   determined that this action was not commenced on or after February 18,
   2005 and that it was not governed by the Class Action Fairness Act; the
   conduct alleged by Plubell in the amended pleading substituting her as
   class representative arises out of the same conduct, transaction or
   occurrence set forth in the original pleading; because the claims are
   exactly the same in both pleadings, and Plubell was a member of the
   putative class in the original petition, defendant was not unfairly
   prejudiced and the amended pleading relates back to the original
   pleading, which was filed before the enactment of the Class Action
   Fairness Act.