Class Action Fairness Act Legislative History

On a very general level, class action lawsuits involve a group of people in some capacity: A collective class, held together over the issue of a defective product, suing a defendant, or a band of defendants, multiple negligent companies, as an example, being sued by an individual. While more class action suits are filed for product liability claims, other types of cases also conclude in court, too, including shareholders suing for business fraud, workers, and residents over environmental disasters.

Each case, which can be filed in either state or federal court, class action has its benefits. Because a limited number of witnesses overlap, the trial process inevitably moves along faster, while the cost of litigation tends to be lower than for individual plaintiffs filing alone.

On the other hand, these types of cases also tend to have drawbacks. Before the class action even moves forward, the collective group must be defined as a class. Federal courts, as well, can conclude class actions if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

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Action Fairness Act (“CAFA the case must have “commenced” on or after the law’s enactment date, February 18, 2005. Class Action Fairness Act § 9. The term “commence” is not “commence” is uninstructive because CAFA’s legislative history provides no definitive

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With the enactment of the Class Action Fairness Act of 2005 (“CAFA”).3 Designed “to clear legislative history shifting the burden to plaintiffs seeking remand to state court.9 CAFA: FOR WHOM THE (REMOVAL) BURDEN TOLLS

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A class action, class suit, or representative action is a lawsuit where a person sues a group of people, a group of people sues another group of people, or a group of people sues a person. It is pleonastic to refer to a class action as a "class action suit". Collective lawsuits originated in the

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"A Brief Overview of the Class Action Fairness Act of 2005" March 13, 2006 by Kendall W. Harrison. As noted throughout CAFA’s legislative history, Congress believed that many of the problems with class actions stemmed from the fact that most cases were litigated in state courts,

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Class Action Fairness Act, Pub. L. No. 109-2 (2005), codified at mass action provision in the legislative history state that it is aimed at mass joinder cases in which multi-ple named plaintiffs voluntarily seek to have their