Moore’s Federal Practice® - The Complete CAFA: Analysis and Developments Under the Class Action Fairness Act of 2005
Georgene M. Vairo
Loyola Law School Los Angeles
MOORE'S FEDERAL PRACTICE® - THE COMPETE CAFA: ANALYSIS AND DEVELOPMENTS UNDER THE CLASS ACTION FAIRNESS ACT OF 2005, Matthew Bender, 2011
Loyola-LA Legal Studies Paper No. 2012-20
The controversial Class Action Fairness Act (“CAFA”) was enacted in 2005. It was designed to allow defendants to escape from state courts by expanding original federal jurisdiction and removal jurisdiction. This monograph tells the story of the origins of CAFA as well as how it has affected the federal courts. Focusing on virtually every court of appeals decision and many district court cases, the monograph details the extensive case law that CAFA’s arcane and poorly drafted provisions have engendered. In the wake of its passage, everyone knew that these provisions would provide fodder - how should the new $5 Million amount in controversy requirement be analyzed? What cases fit within the “local controversy” and “home state” exceptions? But few could predict other issues, including to whether an action was “commenced” at such time that CAFA jurisdiction would be possible? By the Fall of 2011, when the monograph was published, much had been clarified. Yet, the question remains whether CAFA is working as Congress intended, and whether, as a matter of federalism principles, CAFA embodies the right approach to the difficult question of which diversity based cases ought to be channeled to federal court or be allowed to remain in state court. This monograph takes a stab at exploring these issues as well.
Number of Pages in PDF File: 209Accepted Paper Series
Date posted: June 27, 2012
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