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Cafa Judicata: A Tale Of Waste And Politics, Kevin M. Clermont, Theodore Eisenberg
Cafa Judicata: A Tale Of Waste And Politics, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
The Class Action Fairness Act has taken on its real form through construction by the federal judges. That form emerges in this empirical study of judicial activity and receptivity to the Act. Our data comprise the opinions under the Act published during the two and a half years following its enactment in 2005. CAFA has produced a lot of litigation in its short life. The cases were varied, of course, but most typically the resulting published federal opinion involved a removed contract case, with the dispute turning on the statute's effective date or on federal jurisdiction. Even though the opinions …
Class Certification’S Preclusive Effects, Kevin M. Clermont
Class Certification’S Preclusive Effects, Kevin M. Clermont
Kevin M. Clermont
In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The central question will be whether, subsequent to a denial of class certification, preclusion can prevent an absentee from seeking to certify another class action on a similar claim. This Essay answers that question in the affirmative, while warning that the preclusion is very limited in scope. It arrives at this answer by analogizing to the more established doctrine of jurisdiction to determine no jurisdiction: if a court’s finding of no jurisdiction over the subject matter or the person can preclude, then a finding of no authority …