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UPDATE: Eleventh Circuit Affirms Lowery Case

As the May edition of <i>LJN's Product Liability Law &amp; Strategy</i> went to press, the Eleventh U.S. Circuit Court of Appeals sought to 'unravel some of the mysteries of CAFA's cryptic text' with respect to the 'mass actions' provisions &mdash; which the court characterized as an 'opaque, baroque maze of interlocking cross-references that defy easy interpretation.' <i>Lowery v. Alabama Power Co.</i>, __ F. 3d __, 2007 WL 1062769, at *1, *8 (11th Cir. Apr. 11, 2007), affirming <i>Lowery v. Honeywell Int'l Inc.</i>, 460 F. Supp. 2d 1288 (N.D. Ala. 2006). In affirming the grant of remand, the Court of Appeals (in dicta) addressed some of the issues presented in our article 'CAFA: Finding a Method to the Madness of 'Mass Actions'':

6 minute read May 30, 2007 at 11:17 AM
By
Alan E. Rothman
UPDATE: Eleventh Circuit Affirms Lowery Case

As the May edition of LJN's Product Liability Law & Strategy went to press, the Eleventh U.S. Circuit Court of Appeals sought to 'unravel some of the mysteries of CAFA's cryptic text' with respect to the 'mass actions' provisions ' which the court characterized as an 'opaque, baroque maze of interlocking cross-references that defy easy interpretation.'

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