Plaintiffs strike out in bids for remand in Class Action Fairness Act cases
By Michael R. Lied
Federal Civil Practice,
March 2012
The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.
Group offers to multiple plaintiffs: When that dog won’t hunt
By Peter R. Coladarci & Elena Martinez
Tort Law,
December 2008
In an injury case with multiple plaintiffs, it is not unusual for the defendant to make an undifferentiated offer to the group, and let the plaintiffs and their lawyers sort out the appropriate allocation of the amount offered.
Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLC
By Allen S. Goldberg & W. Dan Lee
Civil Practice and Procedure,
April 2007
The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.
CAFA-7th Circuit Update
By William J. Brinkmann
Federal Civil Practice,
March 2006
Since the Class Action Fairness Act, was signed into law by President Bush on February 18, 2005, certain provisions of the new law have been interpreted in the district courts of Illinois and by the 7th Circuit Court of Appeals.
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