Legal Publications and Articles

Challenging Class Certification at the Pleading Stage: What Rule Should Govern And What Standard Should Apply?

In his article, Timothy A. Daniels, Esq. (“Daniels”), discusses the approaches taken by courts  regarding how to resolve a class certification challenge at the pleadings stage.  See 56 S. Tex. L. Rev. 241.

It is increasingly common in class actions for defendants to challenge the class certification at the pleading stage based on failure to comply with Federal Rules of Civil Procedure (“FRCP”) 23.  Daniels discusses a series of cases that dealt with class certification challenges.  First, Daniels mentions the United States Supreme Court’s (the “Supreme Court”) rulings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and Comcast v. Behrend, 133 S.Ct. 1426 (2013), which have established heightened standards in the federal courts for class certification.  Second, Daniels mentions the Class Action Fairness Act (“CAFA”), and how it has liberalized the requirements for federal court diversity jurisdiction over class actions, and correspondingly the requirements for the removal of such cases to federal courts.


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“CAFA-nated”: A Jittery Interpretation of Forum Selection in Standard Fire Insurance Co. v. Knowles, 68 Ark. L. Rev. 511 , 530 (2015).

In her article, author Jessica K. Pruitt, analyzes the interpretation and effect of forum-selection after the United States Supreme Court’s ruling in Standard Fire Insurance Co. v. Knowles. Pruitt’s article explores the U.S. Supreme Court’s forum-shopping jurisprudence, which shows the Court’s distaste for the gamesmanship of plaintiffs’ lawyers who try to defeat the basic principles of CAFA, and keep their class action lawsuits in state court.


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CAFA Law Blog editors – Anthony Rollo, Michael Ferachi, and Gabe Crowson – recently published an article in March 27, 2015 edition of Bloomberg BNA’s Class Action Litigation Report, titled Supreme Court Rejection of Presumption Against Removal of CAFA Cases in Dart Cherokee Opens Door to Presumption in Favor of CAFA Removal.  A copy

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

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 impact on CAFA’s minimum diversity requirement.


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Owen C. Pell, Danielle Audette, Heather Huggins, White & Case LLP, Procedural Innovations To Streamline Complex Cases And The Increasing Role Of State Courts In Complex Litigation

Spring break is around the corner and we know you’ll be looking for a break from US Weekly and In Touch for those long days on the beach (after all, how many stories can you really read about Demi Moore’s melt down, the Teen Moms and Whitney Houston’s last days) . . .so don’t forget to pack this article, which discusses various procedural innovations that have been successful in streamlining complex cases. 


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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 the judiciary. The article begins by outlining the history of CAFA. She states that CAFA is the culmination of ongoing reform efforts of and legislative debates. Basically, the author summarizes that CAFA addresses the many criticisms of the way in which class actions existed until CAFA was passed. (Editors’ Note: If you are interested in all of the law review articles that concern CAFA, see the button to the right).


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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 it was intended, particularly in wage and hour employment law cases. (Editors’ Note: See the CAFA Law Blog list of every CAFA related journal and law review article by clicking on the links to the right of this article).


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