Complex Litigation: CAFA Jurisdiction

National Law Journal, Vol. 30, No. 21, p. 13, February 2008

U of Texas Law, Public Law Research Paper No. 421

5 Pages Posted: 9 Jun 2013

Date Written: February 4, 2008


Commentary and analysis of special jurisdictional problems raised by provisions of the Class Action Fairness Act of 2005. CAFA created new federal diversity jurisdiction over class actions where the class members and defendants are citizens of different states, the amount in controversy exceeds $5 million, and there are at least 100 members in the class. This article addresses the particular issue that arises where a class action litigation is filed under CAFA, and the court either does not certify the proposed class action, or decertifies the class action. In these situations, may the federal court retain jurisdiction over portions of the case, or must the case be dismissed? The article examines the jurisdictional principles set forth in CAFA, 28 U.S.C. ยง 1332(d) and various federal court decisions that have reached conflicting decisions on the appropriate disposition of class actions that are not certified or decertified in the context of CAFA jurisdiction.

Keywords: Class Action Fairness Act of 2005, CAFA, CAFA jurisdiction, class action diversity jurisdiction, decertification

Suggested Citation

Mullenix, Linda S., Complex Litigation: CAFA Jurisdiction (February 4, 2008). National Law Journal, Vol. 30, No. 21, p. 13, February 2008; U of Texas Law, Public Law Research Paper No. 421. Available at SSRN:

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

Register to save articles to
your library


Paper statistics

Abstract Views
PlumX Metrics