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CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

Category Archives: Legal Publications and Articles

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CAFA Lawblog Puzzler!

Posted in Legal Publications and Articles

Think of it as Car Talk for CAFA.  Saturday is not complete without a dose of Tom and Ray Magliozzi, a/k/a Click and Clack, on NPR and their famous Puzzler.  Well, we have a CAFA Puzzler for you.  One of our more brilliant readers has posed a question to us.  However, we thought it might […]

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The Consumer Class Action Bill of Rights in CAFA is a Mistake, Says This Law Review Article

Posted in Legal Publications and Articles

Walker, Laurens, The Consumer Class Action Bill of Rights: A Policy and Political Mistake, 58 Hastings L.J. 849 (April, 2007). In an essay entitled: The Consumer Class Action Bill of Rights: A Policy and Political Mistake, Laurens Walker of the Hastings Law Journal is the first (that we know of) to examine the policy and […]

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The Banking Law Journal has Provided the Guidance; Don’t Get Killed by the Bill Defending Multiple Related Proceedings Pending in State Court.

Posted in Legal Publications and Articles

Coordinating Related Banking Cases on an Intra-State Basis, 124 Banking L.J. 637 (July, 2007) Our story begins with a lone warrior, schooled in the ancient arts, clutching her weapon, passing through enormous oak doors. Quietly, openly and deliberately our hero walks through the narrow aisle leading from the doorway. The warrior’s eyes bounce left, then right, alternating […]

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Texas Tech Law Review Survey of Fifth Circuit Business Tort Cases Includes Patterson and Braud decisions

Posted in Legal Publications and Articles

Adrogué, Sophia, Recent Developments In Fifth Circuit Business Torts Jurisprudence, 39 Tex. Tech L. Rev. 587 (2007). In her annual review of the Fifth Circuit’s business tort opinions, Houston, Texas attorney Sophia Androgué features a pair of 2006 CAFA cases surely to be familiar to our faithful readers: Patterson v. Dean Morris, LLP (dealing with […]

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The Federal Reserve Issues Statement On Regulated Financial Institutions’ Requirement To Notify Their Federal and State Regulators of Proposed Class Settlements.

Posted in Legal Publications and Articles

(Editors’ suggestion—to maximize your reading pleasure, try reading the following post in your best Ben Stein impersonation, circa “Ferris Bueller’s Day Off.”) The Federal Reserve has issued a letter providing guidance to regulated banking and financial institutions on their duties to provide notice of proposed settlements to their state and local regulators. The notice states that, […]

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The Class Action Fairness Act is Constitutional…So Says This Wayne Law Review Article.

Posted in Legal Publications and Articles

Hey guys, we found another law review article while we were out scouring the internet for CAFA goodies. The title of this one is Protecting Federalism Interests after the Class Action Fairness Act of 2005: A Response to Professor Vairo by Heather Scribner published in the Winter 2005 issue of the Wayne Law Review. 

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General George S. Patton (or was it George C. Scott) Said, “You Must Do Your Damdest and Win.” Here are Some Good Practice Pointers on How to Win Your CAFA Case!

Posted in Legal Publications and Articles

Class Action Fairness Act 2005 – Potential Pitfalls for Defendants by Andrew J. McGuinness and Richard Gottlieb, Andrew’s Class Action Litigation Reporter, Volume 13, No. 9 Andrew’s Class Action Litig. Rep. 16. (October, 2006). Finally, some practical application in all of these articles. Authors McGuinness and Gottlieb published an article in Andrew’s Class Action Litigation Reporter […]

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This Burden of Proof Issue is Getting Some Press, and Not Just From the CAFA Law Blog.

Posted in Legal Publications and Articles

Robert E. Bartkus, Defendants Removal Burden, New Jersey Law Journal (Feb. 19, 2007). On February 19, 2007, Robert E. Bartkus, published a short article in the New Jersey Law Journal, regarding the burden of proof for removal cases under the new provisions of CAFA. Bartkus cites heavily the Third Circuit case of Morgan v. Gay and […]

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If You Guys are Like Us and You Just Want to Get Jiggy When You Think About CAFA, Then We Have Just The Thing For You. The Loyola of Los Angeles Law Review has Published a Symposium Issue On Stimulating CAFA Issues.

Posted in Legal Publications and Articles

The opportunity to curl up with an entire law review symposium on CAFA causes us to start humming the music to Will Smith’s Gettin’ Jiggy Wit It.  You don’t have to admit it, but you know we know you feel the same way too.  The Loyola of Los Angeles Law Review has published an issue containing […]

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But I REALLY Wanted to Be in State Court…Recent CAFA Overview Predicts Future Defendants to Fight to Get to State Court.

Posted in Legal Publications and Articles

Fern P. O’Brian & Joshua I. Kaplan, Analysis & Perspectives—The Class Action Fairness Act of 2005: Where Have We Been and Where Do We Go From Here?, Class Action Litigation Reporter Vol. 8, No. 4. For today’s reading pleasure, we provide you with another CAFA primer and overview. The read, eight pages of CAFA glory, runs you […]

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The Class Action Fairness Act of 2005 Will Have Undesirable Effects, Says a Recent Law Review Article. So Do Drinking Coffee, Driving Over the Speed Limit, and Marriage, But We Still Do Them!

Posted in Legal Publications and Articles

Timothy Kerr, “Cleaning Up One Mess to Create Another: Duplicative Class Actions, Federal Courts’ Injunctive Power, and the Class Action Fairness Act of 2005,” 29 Hamline L. Rev. 218 (Spr. 2006). Timothy Kerr has some pointed criticism for the Class Action Fairness Act of 2005. “Ultimately, I argue that the Class Action Fairness Act will […]

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Guest Post: The Class Action Fairness Act and Erie (the Doctrine, Not the Canal).

Posted in Legal Publications and Articles

CAFA and Erie:  Unconstitutional Consequences?, Volume 75 Fordham Law Review 1065 (2006). The Editors of the CAFA Law Blog are delighted to present a guest post for our readers.  Justin Forlenza, a 3L at the Fordham Law School, has just published a law review article that analyzes the relationship between one of our favorite topics, the […]

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Food & Drugs: No, We’re Not Talking About Chris Farley’s Two Favorite Things – In This Article, The Food & Drug Law Journal Provides Its Readers A Dose Of The Class Action Fairness Act.

Posted in Legal Publications and Articles

Ashish R. Talati, The Class Action Fairness Act of 2005: Changing the Class Action Landscape, Circuit By Circuit, 61 Food & Drug L.J. 561 (2006). Although Chris Farley and Julie Andrews dashing through an open meadow – hand in hand – harmonizing “these are a few of my favorite things” would be intensely entertaining (at […]

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Don’t Worry, Be Happy: Plaintiff’s Attorney Extraordinaire, Elizabeth Cabraser Explains That The Class Action Fairness Act Hasn’t Had Much Of An Adverse Impact On The Plaintiff’s Bar.

Posted in Legal Publications and Articles

Lawrence Hurley, Two Years On, Class-Action Law Brings Unclear Effect, Daily Journal (2007). In an article out of the Daily Journal, Elizabeth Cabraser of the plaintiffs’ firm Lieff Cabraser Heimann & Bernstein, is quoted by Lawrence Hurley as declaring that regarding CAFA: “In purely practical terms, we haven’t seen any catastrophic ramifications yet.” The article […]

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New Releases: New York Law Journal Article Reviews a Couple of New Releases, Including One Class Action Fairness Act Related Feature – Blockbuster Inc. v. Galeno.

Posted in Legal Publications and Articles

Michael Hoenig, Atkins Diet Alleged Harm; CAFA’s Jurisdictional Demands, 1/08/2007 N.Y.L.J. 3, Volume 237 (2007). In the Products Liability section of January’s issue of the New York Law Journal, Michael Hoenig reviews two interesting new opinions. In Gorran v. Atkins, Judge Chin of the Southern District of New York, considered whether a plaintiff claiming he suffered […]

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Commencement Issue = Relation Back Analysis…Right? Maybe It Shouldn’t. Professor Questions the Relevance of a Relation Back Analysis in CAFA Commencement Cases, Proposes an Alternative, and Tells Us Why It Still Matters.

Posted in Legal Publications and Articles

Lonny Hoffman, The Commencement Problem: Lessons From a Statute’s First Year, 40 U. C. Davis L. Rev. 469 (2006) [full text available either at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=881779or http://lawreview.law.ucdavis.edu/articles/Vol40/vol40_no2.html]. In a guest post available here, Professor Lonny Hoffman of the University of Houston Law Center, takes a critical look at how courts have addressed CAFA commencement issues. He […]

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Guest Commentary on the Theory Behind the Courts’ Decisions on “Commencement” Cases under the Class Action Fairness Act.

Posted in Legal Publications and Articles

The Editors of the CAFA Law Blog are honored to bring you a Guest Post from Professor Lonny Hoffman, the George Butler Research Professor of Law, of the University of Houston Law Center.  Professor Hoffman has some very interesting (and we think correct) thoughts about the theory behind the courts’ decisions on CAFA’s commencement cases, […]

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The ABC’s of CAFA’s Procedural Provisions: Third Year Student on the Loyola of Los Angeles Law Review Spells out the Basics of the Class Action Fairness Act’s Procedural Provisions.

Posted in Legal Publications and Articles

Lauren D. Fredricks, Removal, Remand, And Other Procedural Issues Under The Class Action Fairness Act of 2005, 39 Loy. L.A. L. Rev. 995 (2006). Ms. Lauren Fredricks, a 3L on the Loyola of Los Angeles Law Review, provides a nice addition to the Law Review’s symposium on CAFA with her review of CAFA’s procedural provisions, […]

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There’s More Than One Way To Skin A Cat: Congress exercises control over the Federal Judiciary in more ways than just confirming or rejecting federal judicial nominees – take the Class Action Fairness Act, for instance…

Posted in Legal Publications and Articles

Helen Norton, Reshaping Federal Jurisdiction: Congress’s Latest Challenge To Judicial Review, 41 Wake Forest L. Rev. 1003 (2006). Although the confirmation process of a federal judicial nominee attracts more attention than most of Congress’s other checks on the federal judiciary, the legislative body utilizes a number of more subtle tools to influence the federal judiciary. […]

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Our Own Anthony Rollo in the Chicago Lawyer: He’s no Jim Cantore, but his use of sports analogies and ability to forecast would make any respectable weather man envious

Posted in Legal Publications and Articles

Bob Yates, Class Action Fairness Act, more than a year later, Chicago Lawyer, December 2006, at 54 . “The trends are visible,” Rollo said, “but we’re still only in the first or second inning of a nine-inning game.” What could our fearless Editor-in-Chief be referring to? A Nor’easter blowing up the East Coast?…A Category 5 churning in […]

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Really Hot Off the Press Now: New Law Review article Analyzes and Answers Hot CAFA question – Who Bears Burden of Proving Whether Minimal Diversity Jurisdiction Exists?

Posted in Legal Publications and Articles

H. Hunter Twiford, III, Anthony Rollo & John T. Rouse, 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). Over the sound of chestnuts roasting over an open fire, you can […]

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Made Men: Couple of “Associates” Make an Ambitious Move to Become “Made Men” by Reporting on Every Class Action Decision in New Jersey, Including those Involving the Class Action Fairness Act

Posted in Legal Publications and Articles

Philip Stephen Fuoco & Joseph A. Osefchen, Leveling The Playing Field In The Garden State: A Guide To New Jersey Class Action Case Law, 37 Rutgers L. J. 399 (2006). Hey – you’re not dealing with a couple of jamooks here. This couple of good fellas from the neighborhood give their fellow class action practitioners […]

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