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Expert Analysis

Deciding Class Action Removal Rights At High Court

By Archis Parasharami and Daniel Jones (October 23, 2018, 12:39 PM EDT) -- A company is sued in state court in a putative nationwide or multistate class action seeking more than $5 million. That situation looks like a prime candidate for removal under the Class Action Fairness Act of 2005, or CAFA, which Congress enacted with the "primary objective" of "ensuring 'Federal court consideration of interstate cases of national importance.'"[1] Yet when the company removes the case to federal court under CAFA, the federal court remands the case back to state court and the court of appeals affirms the remand order....

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