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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, an interactive web site. The CAFA Law Blog is 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 new 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 180 attorneys in eleven locations in California, Florida, Louisiana, Mississippi, New York, Ohio and Texas. 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

Anthony RolloAnthony 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:  

On a Roll: Supreme Court to Hear Second CAFA Case, Consumer Financial Services Law Report, Vol. 17, Issue 4 (July 5, 2013); Westlaw Journal Class Action, 20 No. 9 WJCLA 2 (October 18, 2013); Westlaw Journal Aviation, 33 No. 13 WJAVIA 2 (August 13, 2013); and Westlaw Journal Automotive, 33 No. 3 WJAUTO 1 (July 30, 2013);

U.S. Supreme Court Grants Certiorari in Appellate Case to Solve the Split On Removal of Attorney General Actions Under Class Action Fairness Act, Bloomberg BNA’s Class Action Litigation Report (July 29, 2013);
Finally! The Inaugural Class Action Fairness Act Case Before the U.S. Supreme Court and What It’s All About , BNA, Inc. Class Action Litigation Report, 13 CLASS 1472 (December, 2012);
Removal of Attorney General Actions Under the Class Action Fairness Act of 2005, BNA, Inc. Class Action Litigation Report, Vol. 12, No. 9, May 13, 2011; BNA, Inc. Product Safety & Liability, Vol. 39, No. 17 (April 25, 2011); and BNA, Inc. Toxics Law Reporter, Vol. 26, No. 15 (April 14, 2011);

An Analysis of Cappuccitti: Eleventh Circuit Panel Adds New Amount in Controversy Requirement to CAFA Jurisdiction, BNA, Inc. Class Action Litigation Report, Vol. __, No. __ (August 13, 2010) by Anthony Rollo, H. Hunter Twiford III, Richard A. Freshwater, and Stephen T. Masley.

Class Actions:  Going Federal, Risk Management Magazine, (May 2010), by Anthony Rollo and Hunter Twiford;

How to Avoid Reaping What You Didn’t Sow: CAFA’s Solution for Removal of Counterclaim Class Actions, Consumer Financial Services Law Report, Vol. 13, Issue 16 (February 17, 2010), by Anthony Rollo and Candy Burnette;

A Move in the Right Direction – The Tide is Turning for Removal by Counterclaim Defendants Under CAFA,  BNA, Inc. Class Action Litigation Report, Vol. 10, No. 22 (November 27, 2009), by Anthony Rollo and Candy Burnette;

Requested En Banc Rehearing Petition to 4th Circuit in Palisades Could Breathe New Life into CAFA Removal Petition, Consumer Financial Services Law Report, Vol. 12, Issue 14 (January 21, 2009), by Anthony Rollo and Candy Burnette;

CAFA enunciates a new burden of proof standard for federal jurisdiction, Consumer Financial Services Law Report, Vol. 10, Issue 5 (August 9, 2006), by H. Hunter Twiford, III, Anthony Rollo and John T. Rouse;

Resorting to CAFA’s legislative history resolves some ambiguities, Consumer Financial Services Law Report, Vol. 9, Issue 10 (November 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, Issue 2 (June 15, 2005), by Anthony Rollo, Hunter Twiford, and Gabriel Crowson;

CAFA’s New “Minimal Diversity” Standard For Interstate Class Actions Creates A Presumption That Jurisdiction Exists, With The Burden of Proof Assigned To The Party Opposing Jurisdiction, 25 Miss. C.L. Rev. 7 (2005), by H. Hunter Twiford, III, Anthony Rollo and John T. Rouse;

Mapping the New Class Action Frontier – A Primer on the Class Action Fairness Act and Amended Federal Rule 23, Consumer Finance Law Quarterly Report, Vol. 59, Nos. 1-2 (Spring-Summer 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, Issue 18 (Mar. 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, Issue 17 (Mar. 9, 2005), by Anthony Rollo and Gabriel Crowson.

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).

Michael Ferachi is the Editor in Chief of the CAFA Law Blog and a Member of McGlinchey Stafford, resident in and the Managing Partner 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:

On a Roll: Supreme Court to Hear Second CAFA Case, Consumer Financial Services Law Report, Vol. 17, Issue 4 (July 5, 2013); Westlaw Journal Class Action, 20 No. 9 WJCLA 2 (October 18, 2013); Westlaw Journal Aviation, 33 No. 13 WJAVIA 2 (August 13, 2013); and Westlaw Journal Automotive, 33 No. 3 WJAUTO 1 (July 30, 2013);
U.S. Supreme Court Grants Certiorari in Appellate Case to Solve the Split On Removal of Attorney General Actions Under Class Action Fairness Act, Bloomberg BNA’s Class Action Litigation Report (July 29, 2013);
Finally! The Inaugural Class Action Fairness Act Case Before the U.S. Supreme Court and What It’s All About , BNA, Inc. Class Action Litigation Report, 13 CLASS 1472 (December, 2012);

Removal of Attorney General Actions Under the Class Action Fairness Act of 2005, BNA, Inc. Class Action Litigation Report, Vol. 12, No. 9, May 13, 2011; BNA, Inc. Product Safety & Liability, Vol. 39, No. 17 (April 25, 2011); and BNA, Inc. Toxics Law Reporter, Vol. 26, No. 15 (April 14, 2011);

Hunter 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:  CAFA’s New “Minimal Diversity” Standard For Interstate Class Actions Creates A Presumption That Jurisdiction Exists, With The Burden of Proof Assigned To The Party Opposing Jurisdiction, 25 Miss. C.L. Rev. 7 (2005); “CAFA enunciates a new burden of proof standard for federal jurisdiction,” Consumer Financial Services Law Report, Vol. 10, Issue 5 (August 9, 2006); “Resorting to CAFA’s legislative history resolves some ambiguities,” Consumer Financial Services Law Report, Vol. 9, Issue 10 (November 2, 2005); “Practitioners review ‘abstention’ procedure under Sections 1332(d)(3) and (4),” Consumer Financial Services Law Report, Vol. 9, Issue 2 (June 15, 2005).  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. 

Gabe Crowson is the Managing Editor of the CAFA Law Blog and Of Counsel 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 “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.

John Rouse is an Editor of the CAFA Law Blog and an Associate of McGlinchey Stafford, resident in its Jackson, Mississippi office. John practices in McGlinchey Stafford’s class action defense group, and writes case analyses and other posts for CAFA Law Blog. In addition, John has co-authored a number of published articles related to CAFA, including: H. Hunter Twiford, III, Anthony Rollo & John T. Rouse, CAFA’s New “Minimal Diversity” Standard For Interstate Class Actions Creates A Presumption That Jurisdiction Exists, With The Burden of Proof Assigned To The Party Opposing Jurisdiction, 25 Miss. C.L. Rev. 7 (2005), and “CAFA enunciates a new burden of proof standard for federal jurisdiction,” Consumer Financial Services Law Report, Vol. 10, Issue 5 (August 9, 2006) by H. Hunter Twiford, III, Anthony Rollo and John T. Rouse.

 

Kimberly Higginbotham is a case analyst  to the CAFA Law Blog and an Associate of McGlinchey Stafford, resident in its Baton Rouge, Louisiana office. Kimberly practices in McGlinchey Stafford’s commercial litigation group, and writes case analyses for the CAFA Law Blog.  When Kimberly is not analyzing the latest CAFA case, she composes urban hip-hop songs about her wasted youth and posts the funniest cat videos you have ever seen on YouTube.

 

 

 

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.  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.

 

 

 

Mark 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.

 

Jeffery S. York is a case analyst  to the CAFA Law Blog and Of Counsel with McGlinchey Stafford, resident in its Jacksonville, Florida office.  Jeff practices in McGlinchey Stafford’s commercial litigation group, and writes case analyses for the CAFA Law Blog.  When Jeff is not writing articles about his love of CAFA, he is researching his lineage to the Duke of York.  Jeff believes that his last name gives him a claim to the title as the Duke of York, and he does not understand why his letters to the present Duke of York, Prince Andrew, the second son of Queen Elizabeth II, demanding that Jeff be given the title of Duke of York have gone unanswered.

 

 

 

 

 

 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.