Complex Litigation: CAFA Cacaphony


Linda S Mullenix

National Law Journal 13


Commentary and analysis of various emerging problems in federal court interpretation and application of the Class Action Fairness Act of 2005 (CAFA). Among the problems discussed are: (1) the authority of an MDL judge - after transfer of litigation to the MDL forum - to reconsider the transferor’s judge’s determination of the propriety of a CAFA removal from state court; (2) a defendant’s strategic deployment of removal under CAFA in order to seek enforcement of a mandatory arbitration clause in federal court; (3) determination of the applicability of CAFA’s home-state or local controversy exceptions to removal; and (4) allocations of burdens of proof on federal jurisdictional issues in CAFA removals.

Full Citation

Linda S. Mullenix, Complex Litigation: CAFA Cacaphony, National Law Journal, January 22, 2007, at 13.