Part One of a Two-Part Series
The Class Action Fairness Act ('CAFA') was enacted almost a year and a half ago, signed into law by President Bush on Feb. 18, 2005. 28 U.S.C. '1332(d)(2).
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
The Class Action Fairness Act ('CAFA') was enacted almost a year and a half ago, signed into law by President Bush on Feb. 18, 2005. 28 U.S.C. §1332(d)(2). CAFA was enacted to help control the 'explosion' in the number of class actions while still allowing the right of access to the courts. As stated by one of the act's proponents, Sen. Orin Hatch, during his keynote address to the American Bar Association conference on class actions, 'truly national class actions should not be heard in remote state courts with little tie to any of the parties involved.' CAFA attempts to rectify this situation by allowing national class actions to be heard in federal courts.
By
Lianne S. PinchukThis premium content is locked for LawJournalNewsletters subscribers only
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