Missing The Class Action Removal Boat To Federal Court

Law360, New York (November 8, 2012, 12:10 PM EST) -- Defendants have not made full use of the Class Action Fairness Act of 2005’s provision authorizing removal of class actions from state to federal court. Inexplicably, class action defendants litigating in inhospitable state courts have ignored the flexibility Congress gave them. In a recent brief, we argue for a broad reading of CAFA’s removal power.[1]

CAFA’s Statutory Architecture

Understanding that power requires a statutory overview. In adopting CAFA, Congress reacted to “abuses of the class action device,” including “State and local courts” “keeping cases of national...
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