Master Class: Class Actions, Part I

Vol. 26 Nat'l L.J. B9 (Nov. 4, 2002)

The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 473

5 Pages Posted: 16 Jun 2013

Date Written: November 4, 2002


Commentary and analysis of the Supreme Court appeal in Ford Motor Co. v. McCauley, which presents the question of how to calculate the $75,000 jurisdictional amount-in-controversy for diversity-based class actions. The central issue concerns whether federal courts should follow a plaintiff’s viewpoint rule or an either viewpoint rule in a class action seeking both compensatory and injunctive relief. The Court also must determine whether courts may calculate the requisite amount in controversy with reference to the defendant’s costs in implementing the requested injunction. This article surveys the varying approaches by the federal courts in determining the amount-in-controversy threshold jurisdiction requirement, when plaintiffs seek injunctive relief under Rule 23(b)(2), and the strategic use of forum-shopping in class litigation.. The plaintiff in this case, McCauley, has urged the Court to defer ruling in the appeal in light of pending legislation in Congress to enact a Class Action Fairness Act, which would statutorily modify the rules relating to the amount-in-controversy requirement in diversity class actions. The plaintiff argues that this controversy is better resolved by congressional statutory amendment rather than judicial decision.

Keywords: Ford Motor Co. v. McCauley, Rule 23(b)(2), amount-in-controversy, class actions, plaintiff's viewpoint, either or viewpoint, defendant's viewpoint, Class Action Fairness Act

Suggested Citation

Mullenix, Linda S., Master Class: Class Actions, Part I (November 4, 2002). Vol. 26 Nat'l L.J. B9 (Nov. 4, 2002). 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)

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