Providing for consideration of S. 5, Class Action Fairness Act of 2005 PDF Download
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Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 16
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Book Description
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 16
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Book Description
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 13
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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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 : 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:
Publisher: Government Printing Office
ISBN:
Category :
Languages : en
Pages : 1348
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Book Description
Author: Gregory C. Cook
Publisher:
ISBN: 9781639051571
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
The Class Action Fairness Act (CAFA) has created important new strategic considerations for both plaintiffs and defendants. This book provides both plaintiff and defense counsel with a clearer picture of the statute, its case law, and helpful strategies, so attorneys can make better-informed decisions for their clients.
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 496
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 828
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Book Description
Author: David Sherwyn
Publisher: Kluwer Law International B.V.
ISBN: 9041125051
Category : Law
Languages : en
Pages : 1190
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Book Description
Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.
