Coby Warren Logan, Not Fair At All: The Class Action Fairness Act of 2005 Is Based On Flawed Reasoning And Will Harm Both Federal And State Courts, 41 Ark. Law. 10, Winter, 2006.
Cody Warren Logan, a third year law student at the University of Arkansas, makes a bold statement in this article out of the Winter 2006 issue of the Arkansas Lawyer. Characterizing CAFA as a statute with the potential to severely limit the ability to litigate class action suits in state court, the article asserts that the primary goal of CAFA’s drafters was to “eliminate state courts as a viable forum for multistate class action lawsuits.” The article’s central complaint regarding CAFA is that the legislation “contradicts one of the fundamental premises of our dual court system: that state courts should adjudicate disputes arising under state law.” The article also lodges grievances against CAFA’s use of minimal diversity, and allowing aggregation of claims when calculating the amount in controversy, claiming both allow an unjustified expansion of federal jurisdiction. Fiesty.
So, what do you think? Is this article on the right track or out in left field?