Commentary On Class Settlements Under Attack
Like the supporters of the Class Action Fairness Act (CAFA), Issacharoff and Nagareda ground their proposal in the concept of… Continue reading →
Issue 6
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CAFA Judicata: A Tale of Waste and Politics
The Class Action Fairness Act (CAFA) has taken on its real form through construction by federal judges. That form emerges… Continue reading →
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The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View
Jurisdictional legislation, like the law of procedure with which it tends to be grouped, can become disembodied from the political… Continue reading →
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Has the Erie Doctrine Been Repealed by Congress
The enactment of the Class Action Fairness Act of 2005 (CAFA) is a congressional pronouncement implying that the Erie Doctrine… Continue reading →
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CAFA’s Impact on Class Action Lawyers
Procedural reforms alter litigation options directly, but they alter the litigation landscape in more ways than reformers anticipate. Three years… Continue reading →
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Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action
The class action has come of age in America. With increasing regularity, class litigation plays a central role in discussions… Continue reading →
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Procedure, Politics, Prediction, and Professors: A Response to Professors Burbank and Purcell
It is a daunting assignment to attempt to add something of merit to the work of Stephen Burbank and Edward… Continue reading →
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The Class Action Fairness Act in Perspective: The Old and the New in Federal Jurisdictional Reform
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress,… Continue reading →
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Assessing CAFA’s Stated Jurisdictional Policy
Anyone who addresses jurisdictional policy must contend with the fact—proclaimed at the outset of Professors Wright and Kane’s Federal Courts… Continue reading →
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Overruling Erie: Nationwide Class Actions and National Common Law
The Class Action Fairness Act of 2005 (CAFA) reflects a sharp change of direction in contemporary thinking about federalism. It… Continue reading →