The Latest Obstacle For Consumer Class Actions

Law360, New York (March 14, 2011, 2:16 PM EDT) -- As was intended by the passage of the Class Action Fairness Act of 2005 (CAFA), most high-dollar class actions are now being pursued in federal courts, rather than in state courts. That is creating a new-found obstacle to many consumer class actions — the need for class members to satisfy Article III standing requirements.

Passage of CAFA and an Overview of Article III

Congress passed CAFA to address perceived abuses of state court class actions,[1] including the willingness of some state courts to certify classes without,...
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