Category Archives: Legal Publications and Articles

“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 […]

Alexandra D. Lahav, Symmetry and Class Action Litigation, 60 UCLA L. Rev. 1494 (Aug. 2013). In her article, Alexandra D. Lahav, a Professor of Law at the University of Connecticut, discusses the resources that parties often have to devote to their lawsuit in terms of both human as well as financial capital, the effect of […]

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” Lawsuits 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.