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 toolbar, 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
McGlinchey Stafford is a national full-service commercial and defense law firm with approximately 140 attorneys in 15 locations in Alabama, California, Florida, Louisiana, Massachusetts, Mississippi, New York, Ohio, Tennessee, 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’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, healthcare, and public utilities claims and issues.
About CAFA Law Blog’s Editorial Staff
Anthony Rollo is the founder and Supervising Editor of the CAFA Law Blog and a Member of McGlinchey, resident in its New Orleans and Baton Rouge, Louisiana offices. Anthony heads McGlinchey’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/co-authored numerous published articles about CAFA and class action issues, 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 Removal, Bloomberg BNA’s Class Action Litigation Report, 16 CLASS 362 (March 27, 2015);
- Supreme Court Questions Its Jurisdiction in CAFA Case, Westlaw 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)
- 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).
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Michael Ferachi is the Editor-in-Chief of the CAFA Law Blog and a Member of McGlinchey, resident in and the former Managing Member of its Baton Rouge, Louisiana office. Michael practices in McGlinchey’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:
- 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 Removal, Bloomberg BNA’s Class Action Litigation Report, 16 CLASS 362 (March 27, 2015);
- Supreme Court Questions Its Jurisdiction in CAFA Case, Westlaw 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)
- 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).
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John Rouse is a Managing Editor of the CAFA Law Blog and a Member in McGlinchey’s Jackson, Mississippi, and Nashville, Tennessee offices. 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’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:
- The 5th Circuit examines the exceptions to CAFA jurisdiction in Preston, Consumer Financial Services Law Report, Volume II, Issue I (May 2007);
- 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 Ambiguity, Consumer Financial Services Law Report, Volume 9, Issue 10 (November 2, 2005);
- 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.
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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 is a Member of McGlinchey, resident in its Jackson, Mississippi office. Hunter practices in McGlinchey’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.
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Mag Bickford is a case analyst to the CAFA Law Blog and a Member of McGlinchey, resident in its New Orleans, Louisiana office. She represents management and employers in labor and employment litigation. She also consults employers on best practices in the workplace, provides guidance on policy and procedure drafting and implementation, provides management training and education, and provides other general legal counsel.
Mag has litigated, lectured, and counseled extensively in all areas of labor and employment law, with representative topics including employment policies and procedures for employee handbooks; hiring, counseling, and separation of employees; employee discipline; reduction in force; leave; employee growth and development; employee benefits; workers’ compensation; noncompete agreements; privacy issues; compensation plans and strategies; restructuring and downsizing; discrimination; arbitration; Equal Employment Opportunity (EEO) laws; the Fair Labor Standards Act (FLSA); the Family Medical Leave Act (FMLA); the Americans with Disabilities Act (ADA); and general federal and state legal compliance, as well as general policies and procedures in the workplace.
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Camille Bryant is a case analyst to the CAFA Law Blog and an Associate at McGlinchey, 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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Kerry Cummings is a case analyst to the CAFA Law Blog and an Associate at McGlinchey, resident in its Fort Lauderdale, Florida office and Commercial Litigation section. Kerry has more than seven years of experience representing financial institutions in litigation matters involving mortgage foreclosures, creditors’ rights, real estate, and title issues.
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Brian A. Paino is a Member with McGlinchey, 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’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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Dhruv M. Sharma is a Member in McGlinchey’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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Charles “Chase” E. Stoecker is an Associate in McGlinchey’s Fort Lauderdale, Florida office. Chase’s practice focuses on commercial litigation, financial services litigation, real estate litigation, and employment litigation. He represents financial institutions in contested mortgage foreclosure actions (both commercial and residential) and defending actions involving consumer protection statutes such as the Fair Debt Collection Practices Act (FDCPA) and Real Estate Settlement Procedures Act (RESPA). Chase also has experience defending employers in a wide range of employment matters, and experience defending property owners and tenants in cases brought under Title III of the Americans with Disabilities Act.
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