Complex Litigation: CAFA Cacophony

Vol. 29 Nat'l L.J. Pg. 13 (Jan. 22, 2007)

4 Pages Posted: 10 Jun 2013

Date Written: January 22, 2007

Abstract

Commentary and analysis of various emerging problems in federal court interpretation and application of the Class Action Fairness Act of 2005 (CAFA). Among the problems discussed are: (1) the authority of an MDL judge - after transfer of litigation to the MDL forum - to reconsider the transferor’s judge’s determination of the propriety of a CAFA removal from state court; (2) a defendant’s strategic deployment of removal under CAFA in order to seek enforcement of a mandatory arbitration clause in federal court; (3) determination of the applicability of CAFA’s home-state or local controversy exceptions to removal; and (4) allocations of burdens of proof on federal jurisdictional issues in CAFA removals.

Keywords: Class Action Fairness Act of 2005, CAFA, CAFA removal, MDL transfer, mandatory arbitration, home state controversy, local controversy CAFA burdens of proof

Suggested Citation

Mullenix, Linda S., Complex Litigation: CAFA Cacophony (January 22, 2007). Vol. 29 Nat'l L.J. Pg. 13 (Jan. 22, 2007). Available at SSRN: https://ssrn.com/abstract=2276670

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)

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