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Overhearing Part of a Conversation: Shutts as a Moment in a Long Dialogue

Stephen C. Yeazell
University of California, Los Angeles - School of Law

April 17, 2006

UCLA School of Law Research Paper No. 06-19

Abstract:
Phillips Petroleum v. Shutts, the topic of a recent symposium, looks backwards as well as forwards. In its backwards-looking aspect Shutts suggests what federal diversity jurisdiction might have become. In its forward-looking aspect Shutts suggests the problems that will arise under the Class Action Fairness Act of 2005. This essay uses Shutts to sketch a new role for diversity jurisdiction, and it uses Shutts' facts to explain how we might begin to resolve the issues that CAFA will create.

Keywords: Shutts, class actions, choice of law, diversity jurisdiction

JEL Classifications: K20, K41

Working Paper Series

Date posted: April 22, 2006 ; Last revised: May 10, 2006

Suggested Citation

Yeazell, Stephen C., Overhearing Part of a Conversation: Shutts as a Moment in a Long Dialogue (April 17, 2006). UCLA School of Law Research Paper No. 06-19. Available at SSRN: http://ssrn.com/abstract=897384

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Stephen Yeazell (Contact Author)

University of California, Los Angeles - School of Law ( email )

405 Hilgard Avenue
Box 951476 P.O. Box 951476
Los Angeles, CA 90095-1476
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310-825-8404 (Phone)
310-206-0158 (Fax)