Article by James M. Garner
On February 18, 2005, President Bush signed into law the Class Action Fairness Act (CAFA). CAFA makes numerous changes to how class action lawsuits will be litigated. CAFA is applicable to any class action “commenced” on or after the date CAFA was enacted. In the year since CAFA's enactment, early battle lines have centered on three major topics: (1) When is an action's “commencement” date? (2) Which party bears the burden of proving jurisdictional facts? and (3) What is the procedure for appealing a remand order under CAFA's special appeal provisions? This Article examines these three issues.
About the Author
James M. Garner. Co-managing Member, Sher Garner Cahill Richter Klein & Hilbert, L.L.C. J.D. 1989, Tulane University School of Law; B.S.E. 1986, Tulane University.
Citation
80 Tul. L. Rev. 1669 (2006)