The Ninth Circuit is now the third federal circuit to declare that the Class Action Fairness Act of 2005 does not apply to suits filed before the law’s effective date, according to McGlinchey Stafford partner (and CAFA Law Blog Co-Executive Editor) Anthony Rollo, whose comments about CAFA and the Bush v. Cheaptickets decision appeared in Friday, October 7, 2005 edition of The Recorder newspaper, based in San Francisco.
The article, “Class Action Law Isn’t Retroactive,” included Rollo’s observation that the flood of CAFA-related cases will likely generate a number of federal appellate court rulings, given the new law’s provisions allowing expedited review of a decision to remand a case to state court. The Ninth Circuit’s core declaration that the law is not retroactive is in line with the language of the Act, Rollo also noted.
The CAFA Law Blog has also posted a summary of and comments on the Bush v. Cheaptickets decision.