Edward F. Sherman, Class Actions After The Class Action Fairness Act of 2005, 80 Tul. L. Rev. 1593 (2006).
Professor Sherman’s march through CAFA, as part of the Tulane Law Review’s summer symposium entitled Class Actions In The Gulf South And Beyond, takes the reader on a thorough tour of the revolutionary new statute. The article covers CAFA’s provisions affecting federal jurisdiction, the home state and local controversy exceptions, and even touches on the choice of law issues set ablaze by multi-state class actions brought to federal court under CAFA. The Professor also makes a few predictions – CAFA will cause a reduction in the number of multiple state class actions, and will effectively make federal court the “only game in town.” Sherman’s torch also leads us through CAFA’s interaction with the recent U.S. Supreme Court case, Exxon Mobil v. Allapattah Services (Editors’ Note: See the CAFA Law Blog analysis of Allapattah Services posted on September 22, 2005), and describes the statute’s notice provisions as “Frankenstein’s Monster” of CAFA.
Bottom Line: Sherman’s article provides a comprehensive review and a fairly strong analysis of CAFA’s long term effects on class action practice.