Legal Publications and Articles

Francis 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

Continue Reading Law Review Article on Punitive Damages and Class Actions Is An Interesting Read

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 actions with minimal diversity, doing away with a rule that had kept most class actions in the state court. The author noted that CAFA was the culmination of years of congressional effort to address widespread abuses in class action litigation. Before CAFA, federal diversity jurisdiction kept even the largest class actions out of the federal court, while attorneys were allowed to file suit in virtually any jurisdiction in the country. CAFA changed this, and ever since it was enacted, attempted to discipline the class plaintiffs and their attorneys. 

Continue Reading Are Parens Patriae Suits Just Class Actions In Disguise?

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 use of the traditional rule that the party attempting to remove a state action bears the burden of establishing federal subject matter jurisdiction.

Continue Reading Interested in Jurisdictional Burden of Proof Still? Then, We’ve Got a Law Review Article for You!

Edward 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

Matthew Vansuch, Icing the Judicial Hellholes: Congress’ Attempt to Put OuDr. Zhivagot “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 (if you like 3 1/2 hour films about the life of a Russian doctor/poet who, although married, falls for a political activist’s wife and experiences hardships during the Bolshevik Revolution, you’ll enjoy this work) see this article by Mr. Vansuch. While the article does not analyze CAFA, it does dedicate a footnote (lucky 13 to be exact) to why LARA should be more like CAFA if it wants to be passed.

Continue Reading To Dr. Zhivago’s Displeasure, LARA is no CAFA!

Three_amigos.jpg Thomas 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 Byrne’s lead, the CAFA Law Blog editorial staff proudly presents The CAFA Three Amigos a/k/a what the 11th Circuit did with CAFA in 2006. This isn’t your ordinary article, grab your favorite beverage and enjoy, because:

“Wherever there is injustice, you will find us. Wherever there is suffering, we’ll be there. Wherever liberty is threatened, you will find…The Three Amigos!”

Continue Reading The Three Amigos of the Class Action Fairness Act from the Eleventh Circuit!

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 weighs in and delivers a 1, 2 punch against removals. Affirming remand of a toxic tort mass action, the Court sets new ground rules that make removal more difficult in Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007). Thomas M. Byrne and Valerie S. Sanders provide insightful commentary.  (Editors’ Note: See the CAFA Law Blog analysis of Lowery posted on May 15, 2007).

Continue Reading Suplex! DDT! The Eleventh Circuit Puts the Smack Down on Removals under CAFA.