Benjamin G. Shatz & Lara Krieger, Class-Action Statute Fails To Address Appellate Questions, Los Angeles Daily Journal, June 16, 2005, at page 7.
Although this article was published a little over a year ago in the Los Angeles Daily Journal, Mr. Shatz and his comrade Lara Krieger fleshed out in plain language the likely affect of 28 U.S.C. section 1453, CAFA’s appeal provision. Without the guide wires of precedent, the two appeals connoisseurs distilled 1453 down to two main points. First, appeal of a class action remand order is discretionary; and second, CAFA puts the appellant and the court on a relatively short clock. The moving party only has 7 days to request appeal after issuance of the remand order, and the court only has 60 days to rule on an accepted appeal. Of course, numerous court decisions have added some twist and turns to this strict statutory analysis, but the article does a great job of generally explaining section 1453, and pointing out areas where CAFA’s drafters did not provide appellant guidance. So if you want to be smarter and better looking, click on the hyperlinked name of the article for your own read.
Bottom Line: Dated, but provides a quick plain spoken analysis of 1453.