Overhearing Part of a Conversation: Shutts as a Moment in a Long Dialogue
19 Pages Posted: 22 Apr 2006
Date Written: April 17, 2006
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: Suggested Citation