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

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 Classification: K20, K41