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 through CAFA at a blistering pace (kind of like a tour bus driver whizzing past the Grand Canyon at 100 miles per hour) from beginning to end, pointing out all the hot spots along the way. It does its job, just don’t expect to take over the world afterward.
The article isn’t all a retread, though. It does provide some perspective on the future of the Act, such as a prediction that the plaintiffs’ bar will start originating class actions in federal court if and when class action reform fully permeates state procedural laws. The predicted result—to make the defendants fight (and carry the burden?) to get back to state court where it’s nice and safe.
What does it all mean? A good read for priming yourself on CAFA’s basic concepts and trends; we’re just not convinced that defendants will be clamoring their way to state court anytime soon.