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 […]
Read All ...Category Archives: Legal Publications and Articles
Subscribe to Legal Publications and Articles RSS FeedInterpretation and Effect of Forum Selection After Standard Fire Insurance Co. v. Knowles
Posted in 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 […]
Read All ...CAFA Law Blog Editors Publish Article Arguing that Supreme Court’s Dart Cherokee Decision Creates Presumption in Favor of CAFA Removal
Posted in Legal Publications and ArticlesCAFA 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 of the […]
Read All ...Alexandra D. Lahav, Symmetry and Class Action Litigation, 60 UCLA L. Rev. 1494 (Aug. 2013)
Posted in Legal Publications and ArticlesAlexandra 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 […]
Read All ...Setting the Edges: Defending Against Plaintiff End Runs Around CAFA
Posted in Jurisdictional Amount, Legal Publications and ArticlesEdward 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, Wage and HourKimberly 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 ...Step Aside! The Class Action Innovators Have Arrived!
Posted in Legal Publications and ArticlesOwen 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 […]
Read All ...CAFA’s Period Of Adjustment Continues…
Posted in Legal Publications and ArticlesKristen 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 […]
Read All ...CAFA Is Still Evolving To Accomplish The Congressional Goal….
Posted in Legal Publications and Articles, Wage and HourLarry 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 ...CAFA Law Blog Editor Discusses Smith v. Bayer in Westlaw Journal on Class Action
Posted in Legal Publications and ArticlesOur 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).
Read All ...Law Review Article on Punitive Damages and Class Actions Is An Interesting Read
Posted in Legal Publications and ArticlesFrancis E. McGovern, Punitive Damages and Class Actions, 70 La. L. Rev. 435. While this scholarly law review article deals only tangentially with CAFA, our respect for Francis McGovern and the subject matter of his article drove us to give you a synopsis of it
Read All ...Are Parens Patriae Suits Just Class Actions In Disguise?
Posted in Legal Publications and ArticlesAlexander 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 ...New Study Questions Whether CAFA Has Had an Effect
Posted in Legal Publications and ArticlesThe CAFA Law Blog is pleased to publish a Guest Post. Today’s Guest Post is by Neil J. Marchand, a brilliant third year student at George Washington University Law School. Based upon Neil’s insightful post and law review article, it is clear that Neil enjoys studying CAFA in his free time between law school classes. […]
Read All ...Interested in Jurisdictional Burden of Proof Still? Then, We’ve Got a Law Review Article for You!
Posted in Legal Publications and ArticlesRoether, 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 ArticlesEdward 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 ...Need a Law Review Article on Article 3 and Class Actions? Here Ya Go!
Posted in Legal Publications and ArticlesHow 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 […]
Read All ...Rollo Weighs in on CAFA Status
Posted in Legal Publications and ArticlesZapata, 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 ArticlesMatthew 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 […]
Read All ...The Three Amigos of the Class Action Fairness Act from the Eleventh Circuit!
Posted in Legal Publications and ArticlesThomas 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 ArticlesThomas 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 ArticlesTim 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 ArticlesSteven 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 ...Guest Post: CAFA, You Are A Bad, Bad Boy!
Posted in Legal Publications and ArticlesClass, we are delighted to bring you another guest post. Professor Elizabeth Chamblee Burch of the Cumberland School of Law at Samford University in Birmingham, Alabama is here to enlighten you on CAFA’s impact on litigation as a public good. I know many of you are wondering if there is anything good in CAFA at […]
Read All ...“Lasciate ogne speranza, voi ch’intrate” Be Damned — CAFA Provides Reprieve From Remand Orders
Posted in Legal Publications and ArticlesHoran, 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.
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