Law Commons^™

Dueling Grants: Reimagining Cafa's Jurisdictional Provisions, Tanya Pierce

Tanya Pierce

Part I of the article discusses the relevant policies underlying CAFA and Rule 23. Part II briefly outlines the more straightforward operation of CAFA jurisdiction in pre-certification and post-successful certification situations before explaining the provisions in CAFA that have given rise to considerable confusion after courts deny class certification. Part III critiques the arguments made by courts and scholars in support of and against continuing jurisdiction. It then suggests an approach that is most consistent with the statute, in light of all of its relevant provisions and their corresponding limitations, and that furthers prudential concerns underlying Rule 23 and CAFA …

Modern Notice Through The Lens Of Eisen And Mullane, Tanya Pierce, Jeanne Finnegan

Tanya Pierce

Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce

Tanya Pierce

Class action tolling means that when parties in a suit allege federal treatment, the individual claims of putative class members are tolled federal courts while the class action is pending. Commonly referred to as American Pipe tolling, this rule prevents duplicative litigation that would result if plaintiffs were required to intervene or file independent lawsuits to protect their interests while the class action was pending. Federal courts have long settled the application of American Pipe tolling in scenarios involving later-filed individual actions. In other scenarios, however, the application of American Pipe tolling has caused considerable uncertainty. This Article examines the …

American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines, Tanya Pierce

Tanya Pierce

No abstract provided.

Class Action Tolling Issues, Tanya Pierce

Tanya Pierce

No abstract provided.

Cross-Jurisdictional Tolling, Tanya Pierce

Tanya Pierce

No abstract provided.