CAFA Removal: Avoid Assumptions About Exceptions

Law360, New York (May 6, 2010, 12:41 PM EDT) -- Congress enacted the Class Action Fairness Act of 2005 (CAFA) to curb perceived widespread abuses of class actions filed in state courts. Five years later, class action litigators and courts are still navigating the myriad issues and nuances that have surfaced as plaintiffs attempt to find pleading paths around CAFA jurisdiction and defendants look for ways to parry those attempts. The primary way that plaintiffs attempt to avoid CAFA removal is by careful pleading.

However, plaintiffs’ desire to plead a class narrowly enough to avoid CAFA...
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