The Reluctance To Certify Mass Class Under CAFA

Law360, New York (November 18, 2009, 2:18 PM EST) -- The Class Action Fairness Act of 2005 is one of the most significant expansions of federal subject matter jurisdiction in decades, altering class action practice in both state and federal courts.[1]

CAFA lowers the diversity threshold for federal court jurisdiction and, in theory, allows more litigants access to federal courts by granting federal district courts original jurisdiction over any lawsuit involving citizens of different states, even if there is not complete diversity among all parties, if the amount in controversy exceeds $5 million and the number...
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