The Class Action Fairness Act of 2005 PDF Download
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 96
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 96
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Book Description
Author: LandMark Publications
Publisher:
ISBN: 9781521251997
Category :
Languages : en
Pages : 504
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Class Action Fairness Act. The selection of decisions spans from 2013 to the date of publication.CAFA was enacted with the stated purpose of expanding the number of class actions that could be heard in federal court. Amoche, 556 F.3d at 47, 49 (stating that, "[i]n CAFA, Congress expressly expanded federal jurisdiction largely for the benefit of defendants against a background of what it considered to be abusive class action practices in state courts," "which had 'harmed class members with legitimate claims and defendants that had acted responsibly,' 'adversely affected interstate commerce,' and 'undermined public respect for our judicial system'" (alteration omitted) (quoting CAFA, Pub.L. No. 109-2, § 2(a), 119 Stat. 4, 4 (2005))). Congress effectuated that purpose "by imposing only a minimal diversity requirement, eliminating the statutory one-year time limit for removal, and providing for interlocutory appeal of a federal district court's remand order." Id. at 47-48 (citing 28 U.S.C. §§ 1332(d)(2), 1453(b), (c)). Pazol v. Tough Mudder Inc., 819 F. 3d 548 (1st Cir. 2016).CAFA extends federal jurisdiction to certain large class action lawsuits. Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 569 (5th Cir.2011). CAFA jurisdiction may be exercised where the proposed class is at least 100 members, minimal diversity exists between the parties, the amount in controversy is greater than $5,000,000, and the primary defendants are not states, state officials, or other government entities. 28 U.S.C. § 1332(d)(2), (5). Arbuckle Mountain Ranch v. Chesapeake Energy, 810 F. 3d 335 (5th Cir. 2016).CAFA was enacted in 2005, approximately 15 years after Congress passed the supplemental jurisdiction statute. CAFA itself "dramatically expanded federal jurisdiction over class actions." Greenwich Fin. Servs. Distressed Mortg. Fund 3 LLC v. Countrywide Fin. Corp., 603 F.3d 23, 32 (2d Cir. 2010). It did so with the "primary objective" of "ensuring Federal court consideration of interstate [class action] cases of national importance." Standard Fire Ins. Co. v. Knowles, --U.S.--, 133 S. Ct. 1345, 1350 (2013) (internal quotation marks omitted). By bringing large class actions within the jurisdiction of the federal courts, CAFA also sought to "curb perceived abuses of the class action device which . . . had often been used to litigate multi-state or even national class actions in state courts." Shell Oil Co., 602 F.3d at 1090. F5 Capital v. Pappas, (2nd Cir. 2017).
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 16
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Author: Barbara Jacobs Rothstein
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 56
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Author: Georgene Vairo
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 86
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Book Description
"President Bush has signed important legislation to combat what he, many members of Congress, and others perceive to be abuses in class action practice. The Class Action Fairness Act of 2005 ("CAFA") was introduced immediately upon the commencement of the 109th Congress, and is an itegral part of President Bush's tort reform efforts...The essential purpose of CAFA is to provide an expanded federal jursidiction over class actions and other complex state claim-based litigation." -- p. CAFA - 1.
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 68
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Book Description
Author: Barbara Jacobs Rothstein
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 60
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Author: Bender's Editors
Publisher: International Institute of Technology, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 84
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Book Description
Now you can use its detailed coverage in all areas of your civil practice including: Alternative Dispute Resolution, Attorney Practice, Automobile Collisions, Bankruptcy, Business & Commercial Law, Civil Procedure, Civil Rights, Election Law, Employment Law, Family Law, Insurance, Intellectual Property, Juvenile Courts, Products Liability, Professions, Public Administrative Law, Public Entities, Real Estate, Taxes, Torts.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 104
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Book Description
