Zapata, Ron: Kinks Persist In Class Action Fairness Act: Experts

If there is one thing we’ve leaned while writing for the CAFA Law Blog, Anthony Rollo is the expert when it comes to all things CAFA. Ron Zapata picked up on this expertise in his recent article appearing on the Law360 website –

In the article Rollo is quoted as saying that “more purported class actions should be getting moved from state to federal court.” He also alerted the readers, perhaps some judges, that “many courts are using pre-CAFA methods to analyze removal for borderline class actions, leading to many cases remaining in state court.” Pushing the envelope as always, and of course hoping to have his law review article cited by the Supreme Court, (as if you haven’t already read it: 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, Miss. C.L. Rev. (Spring 2006)); Rollo quipped “[u]ntil the Supreme Court takes up more cases and clarifies the overriding policies of CAFA and how it applies on the margins, we are not going to achieve what CAFA proponents had sought.”

To read the full article click here.

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