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

Category Archives: Legal Publications and Articles

Subscribe to Legal Publications and Articles RSS Feed

Setting the Edges: Defending Against Plaintiff End Runs Around CAFA

Posted in Jurisdictional Amount, Legal Publications and Articles

Edward S. Sledge, IV & Christopher S. Randolph, Jr., Setting the Edges: Defending Against Plaintiff End Runs Around CAFA, 80 Def. Couns. J. 178 (April 2013). In this article, Edward S. Sledge, IV, a shareholder at Maynard, Cooper & Gale, P.C. in Birmingham, Alabama, discusses the abusive practice that has allowed plaintiffs’ attorneys to evade [...]

Read All ...

To Be Or Not To Be!

Posted in Legal Publications and Articles

Kimberly Nakamauru, Comment, Touching a Nerve: Hertz v. Friend’s Impact on the Class Action Fairness Act’s Minimum Diversity Requirement, 44 Loy. L.A. L. Rev. 1019 (Spring 2011). In her article, Kimberly Nakamauru, a 2011 J.D. Candidate at Princeton University analyzed the United States Supreme Court’s decision in Hertz v. Friend, 30 S. Ct. 1181 (2010)’s [...]

Read All ...

CAFA Is Still Evolving To Accomplish The Congressional Goal….

Posted in Legal Publications and Articles

Larry L. Turner, Has the Class Action Fairness Act Met Expectations for Wage and Hour Employment Litigation, 26 ABA J. Lab. & Emp. L. 439 (Spring 2011). In this article, Larry L. Turner addresses how CAFA-related removal disputes unfold in wage and hour employment cases, and explores whether CAFA has fulfilled the purpose for which [...]

Read All ...

Are Parens Patriae Suits Just Class Actions In Disguise?

Posted in Legal Publications and Articles

Alexander Lemann, Sheep In Wolves’ Clothing: Removing Parens Patriae Suits Under The Class Action Fairness Act, 111 Colum. L. Rev. 121. In his article, Alexander Lemann, a 2011 J.D. Candidate at Columbia Law School, examined the applicability of CAFA’s removal provisions to parens patriae suits. CAFA, essentially, expanded the federal jurisdiction to include state law class [...]

Read All ...

Interested in Jurisdictional Burden of Proof Still? Then, We’ve Got a Law Review Article for You!

Posted in Legal Publications and Articles

Roether, Jeffery L., Interpreting Congressional Silence: CAFA’s Jurisdictional Burden of Proof in Post-Removal Remand Proceedings, 75 Fordham L.Rev. 2745 In his April 2007 case note entitled: Interpreting Congressional Silence: CAFA’s jurisdictional Burden of Proof in post-Removal Remand Proceedings, Jeffery L. Roether examined who bears the burden of proof regarding CAFA jurisdiction. This note advocates the continued [...]

Read All ...

Rekindled: Sherman’s March Through The Class Action Fairness Act Continues, Proceeding Through Previously Unexplored Territory.

Posted in Legal Publications and Articles

Edward F. Sherman, Class Action Fairness Act and the Federalization of Class Actions, 259 Federal Rules Decisions — (2007). In September of 2006, we gave you a heads up about Tulane Law Professor Edward Sherman’s article, Class Actions After The Class Action Fairness Act of 2005, published in the Tulane Law Review’s summer 2006 symposium, [...]

Read All ...

Rollo Weighs in on CAFA Status

Posted in Legal Publications and Articles

Zapata, Ron: Kinks Persist In Class Action Fairness Act: Experts If there is one thing we’ve leaned while writing for the CAFA Law Blog, Anthony Rollo is the expert when it comes to all things CAFA. Ron Zapata picked up on this expertise in his recent article appearing on the Law360 website – www.law360.com.  In the article [...]

Read All ...

To Dr. Zhivago’s Displeasure, LARA is no CAFA!

Posted in Legal Publications and Articles

Matthew Vansuch, Icing the Judicial Hellholes: Congress’ Attempt to Put Out “Frivolous” Laswuits Burns a Hole Through the Constitution, 30 Seton Hall Legis. J. 249 (2006). Unfortunately, Dr. Zhivago’s love for Lara Antipova did not convince Congress to pass a bill grouping LARA, a/k/a Lawsuit Abuse Reduction Act, with our favorite topic, CAFA. However, for an interesting [...]

Read All ...

The Three Amigos of the Class Action Fairness Act from the Eleventh Circuit!

Posted in Legal Publications and Articles

 Thomas M. Byrne, Class Actions, 58 Mercer L. Rev. 1171 (Summer 2007). In his cleverly titled article, Thomas Byrne gives a review of the Eleventh Circuit’s 2006 work in our favorite area, class actions. One may think such a title mundane, but Byrne spices it up by aptly titling his section on CAFA, “The CAFA Trio.” Following [...]

Read All ...

Suplex! DDT! The Eleventh Circuit Puts the Smack Down on Removals under CAFA.

Posted in Legal Publications and Articles

Thomas M. Byrne & Valerie S. Sanders,Commentary, See No Removal, Hear no Removal: The 11th Circuit’s New Posture on Removal in Lowery v. Alabama Power Co., 25 No. 15 Andrew’s Toxic Torts Litig. Rep. 11 (August 2007). Are you ready to rumble?! The state versus federal forum fight for class action lawsuits continues. The Eleventh Circuit [...]

Read All ...

Batter Up! Case Note Discusses Interplay of CAFA and Supplemental Jurisdiction, Asking Who’s on First?

Posted in Legal Publications and Articles

Tim Sensing, Who’s On First?: The United States Supreme Court Takes A Swing At Interpreting The Ever-Elusive Language Of The § 1367 Supplemental Jurisdiction Statute In Exxon Mobil Corp. v. Allapattah Servs. Inc., 26 Miss. C. L. Rev. 321 (2007) Just in time to get CAFA Law Blog readers warmed up for the Spring Training [...]

Read All ...

Need A Break from Bad College Football? Then We Have Just the Ticket for You.

Posted in Legal Publications and Articles

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 [...]

Read All ...

CAFA Lawblog Puzzler!

Posted in Legal Publications and Articles

Think of it as Car Talk for CAFA.  Saturday is not complete without a dose of Tom and Ray Magliozzi, a/k/a Click and Clack, on NPR and their famous Puzzler.  Well, we have a CAFA Puzzler for you.  One of our more brilliant readers has posed a question to us.  However, we thought it might [...]

Read All ...

The Consumer Class Action Bill of Rights in CAFA is a Mistake, Says This Law Review Article

Posted in Legal Publications and Articles

Walker, Laurens, The Consumer Class Action Bill of Rights: A Policy and Political Mistake, 58 Hastings L.J. 849 (April, 2007). In an essay entitled: The Consumer Class Action Bill of Rights: A Policy and Political Mistake, Laurens Walker of the Hastings Law Journal is the first (that we know of) to examine the policy and [...]

Read All ...

The Banking Law Journal has Provided the Guidance; Don’t Get Killed by the Bill Defending Multiple Related Proceedings Pending in State Court.

Posted in Legal Publications and Articles

Coordinating Related Banking Cases on an Intra-State Basis, 124 Banking L.J. 637 (July, 2007) Our story begins with a lone warrior, schooled in the ancient arts, clutching her weapon, passing through enormous oak doors. Quietly, openly and deliberately our hero walks through the narrow aisle leading from the doorway. The warrior’s eyes bounce left, then right, alternating [...]

Read All ...