Plaintiffs' Tactics Expose CAFA's Gray Areas

Law360, New York (February 22, 2010, 5:59 PM EST) -- In the five years since the enactment of the Class Action Fairness Act, the plaintiffs bar has devised new ways to keep class actions in state court, exposing gray areas in the law and keeping defense counsel on their toes.

Faced with an expansion of federal jurisdiction under CAFA — which turns five years old this month — some plaintiffs lawyers are tailoring their complaints to successfully get around the jurisdictional diversity rules imposed under the statute, attorneys said.

The strategies, and the response of defense...
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