The ABC's of CAFA's Procedural Provisions: Third Year Student on the Loyola of Los Angeles Law Review Spells out the Basics of the Class Action Fairness Act's Procedural Provisions.
Lauren D. Fredricks, Removal, Remand, And Other Procedural Issues Under The Class Action Fairness Act of 2005, 39 Loy. L.A. L. Rev. 995 (2006).
Ms. Lauren Fredricks, a 3L on the Loyola of Los Angeles Law Review, provides a nice addition to the Law Review’s symposium on CAFA with her review of CAFA’s procedural provisions, and the subsequent issues emanating from the statute. Part A of this symposium article discusses choice of forum and removal historically, including federal jurisdiction pre-CAFA and opportunities for abuse and “gamesmanship.” “Parts B and C describe the current procedural avenues for class action removal and appeal of a remand order under CAFA, evaluating ambiguous provisions, and practical implications.” Part D looks at miscellaneous CAFA-related procedural issues such as the heavily debated jurisdictional burden of proof issue, commencement, and various discovery issues. Finally, Part E concludes that despite some drafting errors and several ambiguous provisions, CAFA accomplishes Congress’s purposes behind the statute.
Bottom Line: Quick read (30 pages) providing review and update on the basics you might says its as easy as ABC, 123 - .