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

19 Pages Posted: 22 Apr 2006  

Stephen C. Yeazell

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

Date Written: April 17, 2006

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

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: https://ssrn.com/abstract=897384 or http://dx.doi.org/10.2139/ssrn.897384

Stephen Yeazell (Contact Author)

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

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Box 951476 P.O. Box 951476
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