Category Archives: 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 [...]

Kristen L. Wenger, Note, The Class Action Fairness Act of 2005: The Limits of Its Text and the Need for Legislative Clarification, Not Judicial Interpretation, 38 Fla. St. U. L. Rev. 679 (Spring 2011). This article by Kristen L. Wenger states that CAFA requires a clarification from the lawmakers as opposed to an interpretation by [...]

Our very own Anthony Rollo, the father of the CAFA Law Blog, was interviewed by the Westlaw Journal on Class Actions regarding the recent decision by the U.S. Supreme Court in Smith v. Bayer.  (Editors’ Note:  See the CAFA Law Blog analysis of Smith posted on June 28, 2011).

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 [...]

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 [...]

How Many Injuries Does It Take? Article 3 Standing in the Class Action Context, 95 Cal. L. Rev. 849 (June 2007) A day of ridin’ waves and reading about class actions. Here’s a pretty thick one to take with you to the beach while you’re soakin’ up the sun.  The California Law Review published a comment [...]

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 [...]

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 [...]

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 [...]

Horan, David, Appealing Remand Orders under the Class Action Fairness Act, 8 J. App. Prac & Process 281 (2006). Hello, federal court lover. So you opposed remand, lost, and your case has been remanded to the dreaded ninth circle otherwise known as state court.

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 [...]

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 [...]