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Erie, The Class Action Fairness Act, And Some Federalism Implications Of Diversity Jurisdiction, David Marcus
Erie, The Class Action Fairness Act, And Some Federalism Implications Of Diversity Jurisdiction, David Marcus
William & Mary Law Review
The Class Action Fairness Act of 2005 (CAFA) expands diversity jurisdiction to allow most significant class actions based on state law to proceed in federal court. Hoping to limit the application of state law through class actions, CAFA's supporters believe that federal judges harbor a collective animosity toward the large, multistate class actions the statute targets. CAFA has no substantive component, and it does not tighten Rule 23's certification requirements. Nonetheless, if supporters are right about judicial preferences and their likely impact on certification decisions, CAFA will weaken the regulatory reach of state law.
Arguments about diversity jurisdiction and judicial …