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CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

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About CAFA Law Blog 

McGlinchey Stafford publishes the CAFA Law Blog, the leading online resource for information, case analyses, and insights regarding the Class Action Fairness Act of 2005, better known as “CAFA.”

CAFA’s enactment in February, 2005 revolutionized existing class action law, practice and strategies. Today’s rapidly evolving CAFA class action landscape is now virtually unrecognizable to many class action practitioners, parties and courts. Countless ambiguities and uncertainties in class action law and jurisprudence following CAFA’s passage pose immediate opportunities for attorneys and litigants who timely learn how to safely maneuver across this foreign terrain, and dangerous traps for those who do not. These ambiguities and uncertainties will exist for many years to come. One of the goals of the CAFA Law Blog is to provide guideposts along the path through this landscape.

About CAFA Law Blog’s Interactive Features 

The CAFA Law Blog is designed to be interactive, and to allow you to respond immediately and easily to our posts with questions or comments, through the “Post A Comment/Question” buttons at the bottom of each post. The CAFA Law Blog further invites you to “Contact Us,” through the button found on the top tool bar, with questions or comments, or to submit articles, which you believe may be of interest to CAFA Law Blog or its readers. The “Word Search” button found in the right hand column menu list, allows you to search CAFA Law Blog’s contents and hundreds of posts through word searches.

You can electronically receive new articles on CAFA Law Blog immediately when they are posted, without the need for you to check for new posts on the site itself. The CAFA Law Blog’s email notification system, available through the “Subscribe By Email” feature found in the right hand column menu list, allows you to subscribe to the CAFA Law Blog and receive immediate notice of new posts – sent to your email address – containing one?click links directly to those new posts. New CAFA Law Blog posts may also be syndicated or “pushed” to you through an RSS “news-feed” reader on your computer, available through the “Subscribe By RSS” feature found in the right hand column menu list.

About McGlinchey Stafford

McGlinchey Stafford is a national full-service commercial and defense law firm with approximately 200 attorneys in thirteen locations in Alabama, California, Florida, Louisiana, Mississippi, New York, Ohio, Texas, and Washington, DC. The firm is recognized nationwide for its extensive practice in the field of class action defense, and has represented Fortune 500 companies across the country in hundreds of consumer class actions in state, federal and bankruptcy courts, arbitration proceedings, and Multi-District Litigation. McGlinchey Stafford’s class action defense group attorneys have represented clients in a wide variety of class action matters across a wide array of fields, including class actions involving consumer financial services, banking, labor and employment, consumer fraud and deceptive trade practices, advertising, product liability, insurance, telecommunications, environmental, mass tort, health care, and public utilities claims and issues.

About CAFA Law Blog’s Editorial Staff

Rollo_Anthony_webAnthony Rollo 
is the founder and Supervising Editor of the CAFA Law Blog and a Member of McGlinchey Stafford, resident in its New Orleans and Baton Rouge, Louisiana offices. Anthony heads McGlinchey Stafford’s nationally recognized class action defense group. Anthony has defended clients, primarily in the financial services and insurance industries, in close to 200 class actions in state, federal and bankruptcy courts, arbitration proceedings, and Multi-District proceedings, filed in approximately 25 states. Anthony has been a speaker at numerous national conferences on class action and CAFA topics.

In addition to regularly writing for CAFA Law Blog on cutting edge CAFA cases and issues, Anthony has written/coauthored numerous published articles about CAFA and class action issues, including:  

In addition, Anthony has been quoted by various publications regarding his views on CAFA, CAFA Law Blog, and class action issues, including:

  • Baycol MDL Judge Wrong to Toss State Court, Supreme Court Says, Westlaw Journal Class Action, Volume 18, Issue 6, July, 2011;
  • BNA, Inc. Class Action Litigation Report, “Tenth Circuit Adopts First Circuit’s Test For Granting Appeal Under CAFA in BP Case,” Vol. 11, No. 15 (August 13, 2010)
  • Product Safety Liability, “7th Cir.: Certification Denial Does Not Kill Federal CAFA Jurisdiction” (February 1, 2010);
  • Portfolio Media, www.law360.com, “Kinks Persist In Class Action Fairness Act: Experts”(April 9, 2008);
  • Chicago Lawyer, “Class Action Fairness Act, more than a year later” (December 2006);
  • New Orleans CityBusiness, “A San Francisco-Based Web Tracking and Blogging Company Tracks 59.8M Internet Blogs” (November 27, 2006);
  • Compliance Week, “Pain in The Class: CAFA Boosts Legal Costs” (8/29/06);
  • Inside Counsel, “A Rocky Start – CAFA was supposed to reduce companies’ litigation risks. It may be having the opposite effect” (January 2, 2006);
  • LawFirmInc., “Bloggers Roundup: Perspective from some early entrants into the blogosphere” (December 2005);
  • Corporate Legal Times, “The Events, People & Stories of 2005” (December 2005);
  • The Recorder, “Class Action Law Isn’t Retroactive” (October 7, 2005);
  • New Jersey Law Journal, “Large Firms Discover New Marketing Tool: Blogs (October 3, 2005);
  • The National Law Journal, “Large firms discovering a new marketing tool: blogs” (September 26, 2005).

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Ferachi_Michael_webMichael Ferachi is the Editor-in-Chief of the CAFA Law Blog and a Member of McGlinchey Stafford, resident in and the former Managing Member of its Baton Rouge, Louisiana office. Michael practices in McGlinchey Stafford’s class action defense group. Michael regularly speaks across the country on CAFA topics and class action practice. He writes for the CAFA Law Blog, and he edits all of the CAFA case analyses and other posts for the CAFA Law Blog.

Moreover, Michael is brilliant about all things, unquestionably good looking, and kind to strangers.  Then again, he maintains the blog, so he is in charge of managing these biographies.  He is also counsel for Abe Froman, the Sausage King of Chicago.

He has recently co-authored the following CAFA related articles:

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Rouse_John_webJohn Rouse is a Managing Editor of the CAFA Law Blog and a Member of McGlinchey Stafford in its Jackson, Mississippi office. John focuses a substantial portion of his practice defending complex civil litigation filed against financial institutions and domestic and foreign product manufacturers.  John also practices in McGlinchey Stafford’s class action defense group, and contributes regularly to the CAFA Law Blog.  John has published articles on a wide variety of legal issues impacting litigation.  He is a frequent speaker in those areas, particularly on matters relating to eDiscovery.

In addition, John has co-authored a number of published articles related to CAFA, including:

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gcrowsonGabe Crowson is a Managing Editor of the CAFA Law Blog and a Member in McGlinchey Stafford’s New Orleans office. Gabe is a commercial litigator focusing on class action defense, consumer financial services litigation, and creditors’ rights litigation. He has litigated a variety of commercial matters around the country in both state and federal courts, as well as before various arbitration venues.

Gabe has given presentations to clients and consumer finance lawyers on CAFA-related topics. He has also co-authored several articles on CAFA, including:

  • Is Presumption in Favor of CAFA Removal Gaining Traction Post-Dart Cherokee?, Bloomberg BNA’s Class Action Litigation Report, 17 CLASS 614 (June 1, 2016);
  • Dart Cherokee Portends Litigation Over Presumption in Favor of CAFA Removal, Consumer Financial Services Law Report, 19 No. 2 (May 29, 2015);
  • Supreme Court Rejection of Presumption Against Removal of CAFA Cases In Dart Cherokee Opens Door to Presumption in Favor of CAFA RemovalBloomberg BNA’s Class Action Litigation Report, 16 CLASS 362 (March 27, 2015);
  • Supreme Court Questions Its Jurisdiction in CAFA CaseWestlaw Journal Class Action, 21 No. 10 (November 19, 2014); Consumer Financial Services Law Report, Volume 18, Issue 12 (November 28, 2014); Westlaw Journal Bankruptcy 16, 11 No. 17 (December 18, 2014); Westlaw Journal Bank & Lender Liability 16, 20 No. 16 (December 29, 2014)
  • “Who’s In and Who’s Out: Two Basic, Unsettled CAFA Issues after the First Five Years,” Committee on Commercial & Business Litigation, ABA Section of Litigation, Vol. 11, No. 2 (Spring 2010) by Scott Schutte and Gabriel Crowson;
  • “Resorting to CAFA’s Legislative History Resolves Some Ambiguities,” Consumer Financial Services Law Report, Vol. 9 (Nov. 2, 2005) by Anthony Rollo, Hunter Twiford, and Gabriel Crowson;
  • “Practitioners review ‘abstention’ procedure under Sections 1332(d)(3) and (4),” Consumer Financial Services Law Report, Vol. 9 (June 15, 2005) by Anthony Rollo, Hunter Twiford, and Gabriel Crowson;
  • “Mapping the New Class Action Frontier – A Primer on the Class Action Fairness Act and Amended Rule 23,” Consumer Finance Law Quarterly Report, Vol. 59 (Spring 2005) by Anthony Rollo and Gabriel Crowson;
  • “The Newly Enacted Class Action Fairness Act (Part 2 of 2),” Consumer Financial Services Law Report, Vol. 8 (March 23, 2005) by Anthony Rollo and Gabriel Crowson;
  • “The Newly Enacted Class Action Fairness Act (Part 1 of 2),” Consumer Financial Services Law Report, Vol. 8 (March 9, 2005) by Anthony Rollo and Gabriel Crowson.

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htwifordHunter Twiford is a Senior Contributor to the CAFA Law Blog, and a co-founder and former Editor-in-Chief of the Blog, and its creative voice for the first five years.  Hunter a Member of McGlinchey Stafford, resident in its Jackson, Mississippi office. Hunter practices in McGlinchey Stafford’s class action defense group, and heads the firm’s commercial litigation practice in Mississippi. Hunter has over forty years experience in a wide range of litigation, and has tried over one hundred jury cases to verdict.

Hunter speaks regularly at national conferences on CAFA topics and class action practice. In addition to regularly writing posts for CAFA Law Blog on cutting edge CAFA cases and issues, Hunter has coauthored a number of published articles relating to CAFA, including:

Hunter also lectures and writes in other cutting edge litigation areas, including electronic discovery,and has authored a number of articles in that area, including the two-part series  “Navigating the Uncharted Waters of Electronic Discovery,” published in The MDLA Quarterly. 

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Sarkar_Richik_8_webRichik Sarkar is a Senior Contributor to the CAFA Law Blog. Sarkar is a Member of McGlinchey Stafford, resident in its Cleveland, Ohio office. Sarkar practices within the firm’s national Commercial Litigation team. He has extensive experience in contracts, commercial law, sales and trade practices, business torts, professional negligence and malpractice, financial services law, internal investigations, corporate governance, and compliance and risk management. His client base includes public and private entities such as small and minority-owned businesses; sports and media agencies; technology companies; school districts; governments; utilities; multinational corporations; and global, national, and regional financial institutions and community banks.

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Mike Aleali is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its Irvine, California office. Mike represents clients in commercial litigation, with an emphasis on representing financial institutions in consumer financial services litigation. He currently represents institutional lenders in state, federal, and appellate actions, and acts as an advisor to financial institutions with regard to regulatory compliance. Specifically, he has assisted institutional lenders in maintaining compliance with changing regulations and has worked with local municipalities to create lender-friendly ordinances.

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Melissa Broussard is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its Baton Rouge, Louisiana office. Her practice focuses on commercial litigation, including representing clients in consumer financial services litigation, and in insurance defense and coverage disputes.

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Camille Bryant is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its New Orleans, Louisiana office. Camille’s litigation practice is broad, encompassing the areas of general labor and employment counsel, medical malpractice defense, and products liability defense. She defends and counsels clients in employment discrimination matters for both union and non-union workforces, assisting with matters involving collective bargaining, grievance handling, working within the framework of a union contract, and other general legal counsel. She also handles matters before the National Labor Relations Board (NLRB), including unfair labor practice proceedings and representation case hearings.

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Laura C. Cannon is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its New Orleans, Louisiana office. Her practice includes the areas of general commercial litigation and consumer financial services litigation.

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Allison Ocampo Chua is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its Irvine, California office. Her practice focuses on commercial litigation, consumer financial services litigation, and insurance litigation and coverage matters. She has represented insurers in coverage litigation in federal and state courts throughout California, and has handled complex insurance issues including first-party property claims, third-party comprehensive general liability claims, contribution and subrogation claims, and bad-faith actions. Allison has also worked with insurers to analyze coverage and prepare opinions under general liability, first-party property, and third-party comprehensive general liability claims, contribution and subrogation claims and bad-faith actions.

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Colleen M. Colton is a case analyst to the CAFA Law Blog and an Associate in the firm’s Fort Lauderdale, Florida office. Colleen’s practice includes commercial litigation and consumer financial services litigation. She has more than eight years of experience representing major lenders, mortgage servicing companies, and other financial institutions in litigated mortgage foreclosure actions, title claims, and other real estate matters involving various consumer protection acts, such as TILA, RESPA, and FDCPA claims.

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Kerry Cummings is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its Fort Lauderdale, Florida office and Commercial Litigation section. Kerry has over seven years of experience representing financial institutions in litigation matters involving mortgage foreclosures, creditors’ rights, real estate, and title issues.

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Deethardt_Mark_webMark R. Deethardt is a case analyst to the CAFA Law Blog and an Associate of McGlinchey Stafford, resident in its New Orleans, Louisiana office. Mark practices in McGlinchey Stafford’s commercial litigation group, and writes case analyses for the CAFA Law Blog.  Mark loves CAFA, but when he is not loving CAFA, he is loving his hobby which is dressing up as a zombie from AMC’s The Walking Dead. He loves to go to the local mall and strip shopping center dressed as his favorite zombie.  Year round. He does not limit his hobby to just Halloween.

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Elrakabawy_Hassan_web
Hassan Elrakabawy 
is a case analyst to the CAFA Law Blog and an Associate of McGlinchey Stafford, resident in its Irvine, California office. Hassan practices in McGlinchey Stafford’s commercial litigation group, and writes case analyses for the CAFA Law Blog. He has extensive litigation experience in state and federal courts in all stages of litigation. He has represented clients in complex commercial litigation involving intellectual property, contract, banking, real estate, employment, products liability, probate, bankruptcy, securities, elder abuse, insurance, collection, foreclosure, toxic tort, and asbestos issues. In Hassan’s spare time, he manages a fantasy football league, a fantasy baseball league, a fantasy basketball league, and a fantasy hockey league. You notice the trend here? Hassan has lots of fantasies.

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Melissa M. Grand is an Associate in McGlinchey Stafford’s Baton Rouge, Louisiana office. She is an experienced litigator who represents businesses in all phases of consumer financial services matters in Louisiana federal courts and judicial district courts across the state. She represents mortgage lenders and other financial services clients in claims involving the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Debt Collection Practices Act (FDCPA), wrongful foreclosures, and actions related to unfair and deceptive trade practices. Melissa also handles tax title recovery claims on behalf of national mortgage lenders.

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Kevin S. Kim is an Associate in McGlinchey Stafford’s Irvine, California office. Kevin’s practice focuses on commercial litigation and consumer financial services litigation. He represents financial institutions such as banks, credit unions, mortgage lenders, and mortgage loan servicers in litigation and arbitration, with a primary area of focus on defending mortgage lenders and loan servicers in lender liability actions. Kevin has represented clients in both state and federal court.

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Nicholas J. Kopcho is a case analyst to the CAFA Law Blog and an Associate at McGlinchey Stafford, resident in its Cleveland, Ohio office. Nicholas is a commercial litigator whose practice includes prosecuting and defending against alleged consumer financial issues claims. He has significant experience defending against Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) claims, defending Health Insurance Portability and Accountability Act (HIPAA) violation claims, representing and protecting clients’ interests in contested foreclosure actions and bankruptcy filings, handling landlord-tenant issues, and contract disputes. Nicholas has experience in all phases of litigation, including written discovery and depositions, motion practice, settlement negotiations, mediations, and trials. He has significant experience litigating cases in municipal, state, federal, and appellate courts.

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Kevin S. Lampone is an Associate in McGlinchey Stafford’s Cleveland, Ohio office. Kevin is a commercial litigator whose practice focuses on commercial and residential foreclosure litigation, alleged violations of state and federal consumer statutes, and common law claims. He is experienced representing clients in matters at the state and federal levels, with a background in consumer finance disputes, the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), and state residential mortgage originator and servicer statutes. Kevin has handled case assessments, negotiations, mediation, pleadings, discovery, depositions, motion practice, and appeals.

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Amanda R. Laviage is an Associate in McGlinchey Stafford’s Houston office and Commercial Litigation section. Her practice includes the areas of general commercial litigation, consumer financial services litigation, and labor and employment. She has experience in appellate matters, including those assigned by the State Bar of Texas Appellate Section Pro Bono Committee.

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Barry A. McCain is an Associate in McGlinchey Stafford’s Dallas, Texas office and Commercial Litigation section. His practice focuses primarily on consumer financial services litigation, including alleged violations of state and federal consumer statutes. He has represented financial institutions and lenders in matters involving the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Texas Debt Collection Act (TDCA), and Texas Property Code. He has also litigated title disputes and breach-of-contract claims.

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Paino_Brian_webBrian A. Paino is a Member with McGlinchey Stafford, resident in its Irvine, California office. Brian handles consumer financial services litigation and general commercial litigation. He concentrates his practice on defending and asserting creditors’ rights in state and federal courts throughout the United States. He also has extensive appellate experience, having represented clients in matters before the United States Bankruptcy Appellate Panel for the Ninth Circuit and United States Court of Appeals for the Ninth Circuit. Mr. Paino is a frequent lecturer on creditors’ rights matters. When Brian is not studying the law, in particular CAFA, he models for GQ magazine. He also spends a great deal of time trying out for a role in the next Sharknado movie. Additionally, he is the President of the Orange County Sponge Bob Square Pants Fan Club.

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T. Dylan Reeves is an Associate in McGlinchey Stafford’s Birmingham, Alabama office. Dylan’s practice includes business, corporate, and commercial litigation. Dylan frequently represents the interests of financial institutions and lenders, business owners, corporate officers, and shareholders. He has taken and/or defended hundreds of depositions, tried cases to verdict before juries, and served as lead counsel for several bench trials. He has represented companies in business, corporate, and commercial litigation, products liability, medical malpractice, shareholder disputes, toxic torts, class actions, and multidistrict litigation.

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Yaron Shaham is Of Counsel in McGlinchey Stafford’s Irvine, California office. Yaron provides counseling to some of the nation’s largest and most influential commercial banks, consumer finance companies, mortgage lenders, loan servicers, and a host of others involved in the realm of financial services. He defends mortgage lenders and servicers, banks, and influential financial services firms in mortgage and foreclosure-related litigation, bank operation matters, and bankruptcy cases. Yaron’s experience includes lender liability litigation, foreclosure disputes, loss mitigation, lien validity, and priority challenges.

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Dhruv M. Sharma is an Associate in McGlinchey Stafford’s Irvine, California office. Dhruv primarily represents banking and other financial institutions in consumer financial services litigation in state and federal court. He also defends creditors’ rights in bankruptcy proceedings, and represents businesses in contractual disputes and general commercial litigation.

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Linda Simpson provides the CAFA Log Blog with fantastic administrative and marketing support. Linda handles all of the administrative details that the rest of us are too stupid to handle. Without her, the CAFA Law Blog would be messy, full of typographical errors, and no fun to read. Linda is based in McGlinchey Stafford’s New Orleans office.