Lauren D. Fredricks, Removal, Remand, And Other Procedural Issues Under The Class Action Fairness Act of 2005, 39 Loy. L.A. L. Rev. 995 (2006).

Ms. Lauren Fredricks, a 3L on the Loyola of Los Angeles Law Review, provides a nice addition to the Law Review’s symposium on CAFA with her review of CAFA’s procedural provisions, and the subsequent issues emanating from the statute. Part A of this symposium article discusses choice of forum and removal historically, including federal jurisdiction pre-CAFA and opportunities for abuse and “gamesmanship.” “Parts B and C describe the current procedural avenues for class action removal and appeal of a remand order under CAFA, evaluating ambiguous provisions, and practical implications.” Part D looks at miscellaneous CAFA-related procedural issues such as the heavily debated jurisdictional burden of proof issue, commencement, and various discovery issues. Finally, Part E concludes that despite some drafting errors and several ambiguous provisions, CAFA accomplishes Congress’s purposes behind the statute.

Bottom Line: Quick read (30 pages) providing review and update on the basics you might says its as easy as ABC, 123 – .