Published By

Thomas Dickerson, Class Actions:  The Law of 50 States (ALM Books, 2008) 

Ever vigilant to provide our brilliant readers with information about CAFA, we wanted to let you know about a new book you might find helpful.  Although the publisher did not provide us with a copy to review for you (hint, hint to the publisher), we wanted to pass along some information the publisher has provided about the book in case you find it of interest.  Here is what the publisher said about its book:

The Class Action Fairness Act of 2005 removed many class actions from state to federal district court. The ramifications of this legislation are explored in Class Actions: The Law of 50 States. Find step-by-step guidance on: identifying a potential class action; determining ex parte class certification; conducting pre-certification discovery; selecting a proper class representative; preparing pleadings and pre-certification motion papers; responding to your adversary's motions and counterclaims; fulfilling requirements for class certification; delivering timely and proper notice to class members; pursuing the case through discovery and trial, or settling the case and winning the court's approval; and satisfying the rigorous guidelines governing fee awards.  
  
This comprehensive resource analyzes advantages and disadvantages of noncash settlements and provides suggestions for avoiding problems with class counsel fees. Also featured is an explanation of settlement stipulations, aggregation and distribution of settlement coupons and cy pres settlements. This book is updated as needed, generally two times each year.  
  

For a complete overview of this report click on:  
http://www.researchandmarkets.com/product/ 8c339e/class_actions_the_law_of_50_states  

Ordering - Three easy ways to place your order:  
  
1] Order online at http://www.researchandmarkets.com/product/ 8c339e/class_actions_the_law_of_50_states

2] Order by fax: Print an Order form from http://www.researchandmarkets.com/product/ 8c339e/class_actions_the_law_of_50_states and Fax to +353 1 4100 980  
  
3] Order by mail: Print an Order form from http://www.researchandmarkets.com/product/ 8c339e/class_actions_the_law_of_50_states and post to Research and Markets Ltd. Guinness Center, Taylors Lane, Dublin 8. Ireland.

Posted By McGlinchey Stafford at 01:30 AM | Comments / Questions (0)

Steven Puiszis’ Developing Trends With the Class Action Fairness Act of 2005, 40 J. Marshall L. Rev. 115 may be your cure.

Got plenty of time? Jonesing for another cafa-themed law review article thick enough to use for a cutting board? Then look no further than Steven Puiszis: Developing Trends With the Class Action Fairness Act of 2005 for an exceptionally thorough review of CAFA’s past, present, and anticipated future that makes a perfectly exciting Saturday reading alternative for any Notre Dame, Michigan, (or the elusive and rare literate Auburn) football fan with dashed hopes of a winning season. So sit back, have a read, and you’ll find yourself up to speed on CAFA’s recent twists and turns faster than you can say 0-3.

Posted By McGlinchey Stafford at 11:07 AM | Comments / Questions (0)

The Editors of the CAFA Law Blog are honored to bring you another Guest Post from Professor Lonny Hoffman, the George Butler Research Professor of Law of the University of Houston Law Center. 

Professor Hoffman has some very interesting thoughts about jurisdictional burden of proof and the burden of proof on CAFA's exceptions, some of which we agree with and some of which we do not. Now, class, we turn the podium over to Professor Hoffman...., excuse me, Professor Hoffman.  Mr. Seymour, please stop bothering Mr. Wilbourn about your favorite college football team.  Class, please be quiet and turn off your cell phones during Professor Hoffman's presentation.  Please proceed, Professor Hoffman.

Posted By McGlinchey Stafford at 08:02 AM | Comments / Questions (0)

Now that the fate of our favorite boy wizard has finally been revealed, are you looking for the next literary masterpiece to satisfy those late night book cravings?

Posted By McGlinchey Stafford at 07:34 AM | Comments / Questions (0)

CAFA Exceptions to Removal Produce Remand of One Katrina Case, But Not Other, 75 U.S. L.W. (BNA) 1676 (May 15, 2007) and Fifth Circuit Considers CAFA Exceptions In Two Katrina Suits; Upholds One Remand, 8 Class Action Litig. Rep. (BNA) 330 (May 11, 2007).

The Fifth Circuit opinions on CAFA jurisdiction exceptions in Weems v. Touro Infirmary and SHONO, Inc. No. 07-30160, 2007 WL 1206984 (5th Cir. Apr. 25, 2007)and Preston v. Tenet Heathsystem Memorial Medical Center, Inc. No. 07-30132, 2007 WL 1217923 (5^th Cir. Apr. 25, 2007) have garnered attention from the editors at BNA’s U.S. Law Week and Class Action Litigation Report. And why shouldn’t they? 

These are fascinating examples for students of CAFA jurisdiction. The articles compare, almost in Goofus/Gallant fashion, how the parties’ different strategies regarding arguments and evidence landed one case in federal court and one back in state court under almost identical facts. The articles are worth a read, if you do not have time to read the opinions or the CAFA Law Blog analysis of each case. (Editors' Note: See the CAFA Law Blog analyses of Preston posted on June 5, 2007 and January 24, 2007, and of Weems posted on June 7, 2007).

Posted By McGlinchey Stafford at 06:13 AM | Comments / Questions (0)

Hmmmm. Choices, Choices. The Practicing Law Institute is sponsoring the 12^th Annual Consumer Financial Services Litigation Institute in New York City, Chicago and San Francisco in 2007. 

First up on the agenda, after some coffee and a sweet roll, will be a panel discussion regarding recent developments in class action litigation specifically including the following topics: 1) the meaning of commencement; 2) satisfying the jurisdictional threshold and; 3) exceptions to CAFA jurisdiction. In addition to CAFA, the program will address topics such as issues in auto, mortgage and subprime lending, recent developments in unfair practices litigation and developments in the law affecting credit cards. 

So, if you are “In a New York State of Mind,” head to New York City, March 5-6, 2007. If you are looking for a good time in a “Toddling Town”, Chicago is the place to be April 19-20, 2007. If you “Lost your Heart in San Francisco”, head to San Francisco May 10-11, 2007.

For more information, www.pli.edu.

Posted By McGlinchey Stafford at 01:48 AM | Comments / Questions (0)

The Editors of the CAFA Law Blog are looking for meaningful relationships with its readers or merely quickie comments.

We thought it would be a good time to remind you of some of the features of the CAFA Law Blog.   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. 

Posted By McGlinchey Stafford at 01:34 AM | Comments / Questions (0)

The editors of the CAFA Law Blog and its publisher, McGlinchey Stafford PLLC, would like to take this opportunity to wish all of our readers "Warmest Wishes for a Happy Holiday Season."  McGlinchey recently sent out an electronic antimated holiday card to clients and friends, complete with sound, and we at the CAFA Law Blog, in keeping with our commitment to the blogosphere and cutting edge technology, wanted to share the card with our (fairly) loyal readers.  Take a look at the card at http://holidaygreetings.mcglinchey.com and let us know what you think.

Those of you who have read the CAFA Law Blog for awhile know that the editors (or at least some of us) have a tendency to occasionally be a bit irreverent.  And some might even say smart-alec.  But this time, in keeping with the subject matter of the e-card, we're going to suppress that tendency, and simply say, "HAPPY HOLIDAYS!"

Posted By McGlinchey Stafford at 12:20 PM | Comments / Questions (0)

You may lie awake at night, thinking sugarplum thoughts about burning issues surrounding the Class Action Fairness Act. And you may, in the darkest hours before dawn, think that your ideas are unoriginal or mundane or even, simply wrong. But that negativity could be just your critical inner thoughts – those doubts that make you take the extra steps, do the extra research, walk the extra mile that make you such a good lawyer -- repressing the real you. We’re here to tell you that’s just stinking thinking. We want to help you replace those negative thoughts with something positive - a CAFA Law Blog affirmation. We’ll show you the love. And we won’t even charge you a psychiatric consultation fee for helping you deal with those negative thoughts.

What’s that? That doesn’t sound like you – you don’t suffer from such negative feelings? Your ideas on CAFA are the gold standard? …well, denial ain't just a river in Egypt, Sister. You must be a senior partner. We can also help you deal with your overconfidence by posting your musings on CAFA in the form of a guest post. Expose yourself to the class action world. We promise not to laugh.

Seriously, we would love to have the CAFA Law Blog serve as an outlet for commentary on cases, articles, legislative history, or any other issue surrounding the Class Action Fairness Act that you find interesting. Just send us your submission in Microsoft Word format, and try to limit your self expression to under 600 words.

We, of course, have to reserve the right not to post every submission we receive, and we may have to edit it a little – some jokester always seems to ruin it for the rest of us – but we’ll entertain any serious CAFA commentary. From both sides of the “v.” And your thoughts and ideas might spark other commentary. And so on and so forth, until you’re famous throughout the Blogosphere, if not the world. 

 Well, what are you waiting for, Mister? You’ve got some important thoughts to send our way!

Posted By McGlinchey Stafford at 10:53 AM | Comments / Questions (0)

Anthony Rollo, H. Hunter Twiford III, and John Rouse, CAFA Enunciates A New Burden Of Proof Standard For Federal Jurisdiction, Consumer Financial Services Law Report, Vol. 10, Issue 5 (August 9, 2006).

There aren’t many mantles of honor that hold a higher distinction than the refrigerator door, so when three of our own editors, Anthony Rollo, Hunter Twiford, and John Rouse, brought home this article – well, we were down right proud, and decided to move the dentist appointment reminder and put the article in its place. The article, from the August 2006 issue of the Consumer Financial Services Law Report, takes a look at CAFA’s jurisdictional burden of proof and comes back with a unique, and in our estimation, compelling argument.

The premise of the argument is simply that "CAFA’s text, purposes, and legislative history combine to create a presumption in favor of finding that minimal diversity jurisdiction exists, with the burden of proof assigned to the party opposing jurisdiction." The authors reach this conclusion by considering the effect of CAFA’s introduction of a new minimal diversity standard for interstate class actions into section 28 U.S.C. 1332. The article argues that the introduction of this jurisdiction expanding standard, when considered against the background of Congress’ findings and purposes for CAFA, indicate Congress’ intent that courts apply a different standard and shift the burden of proof to the party challenging jurisdiction. However, many courts considering jurisdiction under CAFA have ignored CAFA’s legislative history and applied the traditional complete diversity burden of proof presumption that the party asserting jurisdiction bears the burden of proving all jurisdictional requirements have been satisfied. Take a look and see if you agree.

Bottom Line:  A well-written article (even if we must say so ourselves) espousing an interesting and arguably correct approach to CAFA’s jurisdictional burden of proof. Who knows, you may like it so much it ends up on your refrigerator door….

The full text of the article is published with the express permission of the Consumer Financial Services Law Report and LRP Publications, Inc. The article is copyright 2006 by LRP, all rights reserved, and is reprinted on the CAFA Law Blog site with permission.

The Editors of the CAFA Law Blog thank Consumer Financial Services Law Report and LRP for their continuing support in publishing articles related to CAFA. Anthony, Hunter and John also welcome comments from the readers of the CAFA Law Blog as to the contents of and opinions expressed in the article.

Posted By McGlinchey Stafford at 09:20 PM | Comments / Questions (0)

You could lie awake at night pondering the nuances of the Class Action Fairness Act. Or you could tap the brainwaves of scholars, lawyers and others who lost those zzz’s for you. For those of you just tuning in, this is the second installment in a series of posts listing articles of note regarding the Class Action Fairness Act.  Who knows, maybe you will be inspired to make a contribution to the literature or to the CAFA Lawblog.  Stranger things have happened.

Posted By McGlinchey Stafford at 07:23 AM | Comments / Questions (0)

Not weekending in the Hamptons or on Nantucket? That is no excuse for skipping that perfect beach read – even if you are light years away from the ocean.  A little creative visualization goes a long way: imagine digging your toes into warm sand while you bury your nose in one of these articles about CAFA. Trust us, these erudite ruminations are far better for your law practice than some piece of mind candy you would have grabbed at an airport kiosk between flights. 

Posted By McGlinchey Stafford at 07:22 PM | Comments / Questions (0)

We invite, and in fact implore you, to contribute any submission discussing cases, articles, legislative history, or any other issue surrounding the Class Action Fairness Act that you find interesting. Just send us your submission in Microsoft Word format, and try to limit your thoughts to under 600 words. We, of course, reserve the right not to post every submission we receive, but will entertain any serious CAFA commentary. With your help, we hope to provide a forum for open commentary on this revolutionary new law that is changing the way class actions are litigated in America’s court systems.

Celebrate America's 230th birthday by sending us a comment on CAFA!

Posted By McGlinchey Stafford at 07:15 AM | Comments / Questions (0)

 We invite, and in fact implore you to contribute any submission discussing cases, articles, legislative history, or any other issue surrounding the Class Action Fairness Act that you find interesting. Just send us your submission in Microsoft Word format, and try to limit your thoughts to under 600 words. We, of course, reserve the right not to post every submission we receive, but will entertain any serious CAFA commentary. With your help, we hope to provide a forum for open commentary on this revolutionary new law that is changing the way class actions are litigated in America’s court systems.

Posted By McGlinchey Stafford at 06:51 AM | Comments / Questions (0)

Here's your chance to do something you've always wanted to do: help a law student out, show off your knowledge, look good doing it and get the personal satisfaction of having done a good deed for the day. And it doesn't cost you anything.  And you don't have to quit your day job and sell the beach house.

The CAFA Law Blog received the following question from K. B. Hooper, a law student at Samford:  "What sort of avenues are available to a plaintiff that has their case remanded to state court under one of the CAFA exceptions, if the defendant appeals? Can you request an en banc appeal? Or cert to the Supreme Court? I'm trying to draw an analogy to other statutes involving a 60 day time limit, but can't find any. "

OK, Professor - what's your answer?  Post it here as a comment, or email it to the editors by using the email box on the right side of the page, and we'll pass it along.  We look forward to a lively discussion on the topic. And you won't be graded on the answer - hey, you're the Prof!

Posted By McGlinchey Stafford at 05:07 PM | Comments / Questions (0)

You may lie awake at night, thinking sugarplum thoughts about burning issues surrounding the Class Action Fairness Act. And you may, in the darkest hours before dawn, think that your ideas are unoriginal or mundane or even, simply wrong.  But that negativity could be just your critical inner thoughts – those doubts that make you take the extra steps, do the extra research, walk the extra mile that make you such a good lawyer -- repressing the real you. We’re here to tell you that’s just stinking thinking. We want to help you replace those negative thoughts with something positive - a CAFA Law Blog affirmation.  We’ll show you the love.  And we won’t even charge you a psychiatric consultation fee for helping you deal with those negative thoughts. 

What’s that? That doesn’t sound like you – you don’t suffer from such negative feelings? Your ideas on CAFA are the gold standard? …well, denial ain't just a river in Egypt, Sister.  You must be a senior partner.  We can also help you deal with your overconfidence by posting your musings on CAFA in the form of a guest post. Expose yourself to the class action world.  We promise not to laugh.  

Seriously, we would love to have the CAFA Law Blog serve as an outlet for commentary on cases, articles, legislative history, or any other issue surrounding the Class Action Fairness Act that you find interesting. Just send us your submission in Microsoft Word format, and try to limit your self expression to under 600 words. 

We, of course, have to reserve the right not to post every submission we receive, and we may have to edit it a little – some jokester always seems to ruin it for the rest of us – but we’ll entertain any serious CAFA commentary. From both sides of the “v.”  And your thoughts and ideas might spark other commentary. And so on and so forth, until you’re famous throughout the Blogosphere, if not the world.  

Well, what are you waiting for, Mister? You’ve got some important thoughts to send our way!

Posted By McGlinchey Stafford at 05:41 PM | Comments / Questions (0)

While everyone would acknowledge that Washington is chock full of lawyers every day, the town’s legal I.Q. soars even higher this week while the American Law Institute is assembled at its Eighty-Third Annual Meeting on May 15th, 16th and 17th. One item on their “to do” list: consider adoption of a restatement of the principles for mass litigation – class actions included, of course.  For the first time, the ALI is evaluating proposed “Principles of the Law of Aggregate Litigation.” Class actions are part of the picture, which is big enough to take in other large scale litigation, including, “cases that are bundled together and settled or tried to test the value of related claims,” according to the ALI’s press statement.  Institute members are tackling general principles of aggregation as well as methods for resolving common issues and special concerns related to settlements.

Posted By McGlinchey Stafford at 05:55 PM | Comments / Questions (0)

Some how-to advice regarding the Class Action Fairness Act’s notice requirements is presented in the bulletin issued recently by the Office of the Comptroller of the Currency. Designed to help financial institutions comply with CAFA’s requirements, OCC Bulletin 2006-20 dated April 21, 2006 sums up what covered entities must do when providing notice of a proposed class action settlement. According to the OCC, the list of entities which should pay attention include “federal and state depository institutions, depository institution holding companies, foreign banks, and nondepository institution subsidiaries of any of these entities that are defendants in proposed class action settlements.” The OCC aimed its bulletin at CEO’s, compliance officers, and legal counsel to national banks, all federal branches and agencies, their department and division heads and examining personnel.

Spread the word, the OCC urges: “All institutions supervised by the OCC should establish procedures to ensure that counsel representing them in class action litigation receive this bulletin.”

Posted By McGlinchey Stafford at 05:34 PM | Comments / Questions (0)

Happy birthday, CAFA. And what a first year CAFA's had! The CAFA Law Blog is preparing to celebrate CAFA's First Birthday, so we decided to throw a party. Not that we needed a reason to throw a party, but we recognized that the passage of the Class Action Fairness Act in February of 2005 so quickly and dramatically revolutionized the class action landscape, that it remains – even one year later – dramatically different -- some would even say virtually unrecognizable -- to many experienced practitioners. Most of CAFA's provisions and how they should be applied in the real world are still a mystery -- even to those who have studied CAFA extensively.

Posted By McGlinchey Stafford at 02:34 PM | Comments / Questions (0)

Although it's a little past the first of the year, the editors of the CAFA Law Blog have made our New Year's resolutions, and we wanted to share them with our readers. In addition to losing (or gaining – yeah, not too likely) weight, working more (or less), spending more (or less) time with the spouse/significant other/kids/family, and the myriad of New Year's resolutions which are quickly made, and more quickly broken, we decided to do some New Year's resolutions for the blog. We knew that if we posted them, we'd be more likely to keep them. So, here we go:

Posted By McGlinchey Stafford at 01:04 PM | Comments / Questions (0)

The Editors of the CAFA Law Blog and McGlinchey Stafford, the publisher of the Blog, offer to all of our visitors to the site our best wishes for a joyous holiday season, and a peaceful, successful and prosperous new year.

The Class Action Fairness Act was certainly the most memorable event in the class action world in 2005, and next year promises to equally intriguing. We've posted summaries of and the text of the decisions for almost 70 cases involving CAFA since we started last September, and the CAFA Law Blog will continue to offer the latest news of and cases related to this quickly evolving law. The Editors look forward to reporting all of the newest developments in 2006, and to providing CAFA resources to the many readers who have visited our site. As we pause during this holiday season to count our blessings, we're particularly grateful to all of our visitors who have made the CAFA Law Blog a success in the three months since our launch.

On a personal note, as many of you know, McGlinchey Stafford's New Orleans office was a victim of the Hurricane Katrina disaster, and our New Orleans office was closed several months, and our Crescent City lawyers were displaced to our Baton Rouge, Houston and Jackson offices. We're happy to report that McGlinchey is back in New Orleans, and the firm is up and running there. New Orleans as a city still faces difficult times as it looks to the future and the immense challenges ahead in rebuilding this great city, but the efforts have begun in full force, with widespread support. Again, we appreciate all the good wishes, thoughts, prayers and support which have been sent our way.

Happy holidays!

Anthony Rollo, Co-Editor
Hunter Twiford, Co-Editor
Lisa Stansky, Managing Editor
Gabe Crowson, Associate Editor
John Rouse, Assistant Editor
Adam Gates, Assistant Editor

Posted By McGlinchey Stafford at 12:19 PM | Comments / Questions (0)

"Judicial Hellholes 2005," a report issued by the American Tort Reform Association ("ATRA"), has just been released and is available at www.atra.org. ATRA defines "judicial hellholes" as "places that have a disproportionately harmful impact on civil litigation," that attract personal injury lawyers "because they know that they will produce a positive outcome – an excessive verdict or settlement, a favorable precedent, or both." This year's report identified six hellholes, with Illinois leading the ticket with three counties named. The final list: Texas' Rio Grande Valley and gulf coast, Cook County, Madison County and St. Clair County, Illinois, West Virginia and South Florida.

Posted By McGlinchey Stafford at 12:44 AM | Comments / Questions (1)

Law firms are turning to blogs to get out the word about legal developments and key practice areas, says the National Law Journal in its September 2005 edition. "No longer viewed as just forums for law gossip or associate griping, blogs are becoming a marketing tool for large law firms eager to create a buzz about their practice areas," the NLJ reported.

The article recognized McGlinchey Stafford's CAFA Law Blog as one of a new breed of big firm blogs with very focused content and a distinct niche. The piece included comments from McGlinchey partner and head of the firm's National Consumer Financial Services Practice group Anthony Rollo (who also acts as the Co-Editor of the CAFA Law Blog) about the importance of striking the right tone, and finding an important topic with widespread importance to the law, such as the Class Action Fairness Act of 2005.

Posted By McGlinchey Stafford at 10:29 AM | Comments / Questions (0)

McGlinchey Stafford PLLC and the editors of the CAFA Law Blog -- Anthony Rollo, Hunter Twiford, Lisa Stansky and Gabe Crowson -- welcome you to the launch of the CAFA Law Blog - the first blog in the country to focus on the Class Action Fairness Act of 2005 (CAFA) and the cases interpreting and implementing the act. CAFA, the most sweeping legislative change to class action practice in a generation, promises to literally change the landscape of how practioners handle class actions, and we plan to post information to help you navigate the new landscape, such as summaries of and links to the latest cases. We'll also give you links to seminars and webinars on CAFA topics as soon as we hear about them, as well as summaries of and links to interesting articles on the Act. We hope that the CAFA Law Blog will become the clearinghouse for information on CAFA. We're pleased to sponsor this blog, and hope that you find it useful.

Posted By McGlinchey Stafford at 09:33 PM | Comments / Questions (1)

A list of the senators and their votes on the Class Action Fairness Act, grouped alphabetically, by party and by state. Just in case you wanted to know how a particular senator voted.

Posted By McGlinchey Stafford at 08:02 PM | Comments / Questions (0)

Another link which shows the results of the roll call vote on the Class Action Fairness Act when it was introduced in the 2005 session.

Posted By McGlinchey Stafford at 08:09 AM | Comments / Questions (0)