Does CAFA apply to all class actions?
On February 18, 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), significantly expanding federal diversity jurisdiction over most class actions and mass actions (28 U.S.C. § 1332(d)).
What is CAFA jurisdiction?
The Class Action Fairness Act, or CAFA, 28 U.S.C. § 1332(d), establishes federal subject matter jurisdiction for the vast majority of nationwide and multi-state product liability class actions. District court decisions granting or denying motions to remand class actions may be appealed by permission.
Is CAFA federal question jurisdiction?
Among other things, CAFA confers federal subject-matter jurisdiction over all class actions with minimally diverse parties and more than $5 million in controversy. 28 U.S.C. § 1332(d)(2).
Does CAFA require diversity?
In addition, CAFA eases the requirements for diversity between plaintiffs and defendants. Instead of requiring that all opposing parties be citizens of different states or countries, it only requires that at least one class member be a citizen of a different state or country than any defendant.
Can you remove a class action?
A class action may be removed to a district court of the United States in accordance with section 1446 (except that the 1-year limitation under section 1446(c)(1) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by …
What is CAFA removal?
CAFA Removal Principles The Class Action Fairness Act (CAFA) gives federal courts jurisdiction over specified class actions if the amount in controversy exceeds $5 million, the parties are minimally diverse, and the putative class consists of at least 100 individuals.
What is a CAFA notice?
CAFA, as defined in 28 U.S.C. § 1711 – 1715, imposes an obligation on all class action defendants to serve notices of proposed class action settlements to “appropriate federal officials” in the states in which class members reside as well as to other state regulators and federal agencies.
Does 1332 need complete diversity?
Section 1332 requires that for an action based on diversity of citizenship, the parties must be completely diverse and the amount in controversy must exceed $75,000.
How is diversity jurisdiction determined?
Diversity is determined at the time that federal court jurisdiction is invoked (at time of filing, if directly filed in U.S. district court, or at time of removal, if removed from state court), and on the basis of the state citizenships of the parties at that time.
Can you remove a class action to federal court?
Under the general removal statute, 28 U. S. C. Under the CAFA removal provision, 28 U. S. C. §1453(b), a class action may be removed to federal court by “any defendant without the consent of all defendants.”
Can a class action be used against you under CAFA?
Removal Under CAFA: Anything You Say Can Be Used Against You The Class Action Fairness Act (“CAFA”) gives federal district courts original jurisdiction in most class actions in which “the matter in controversy exceeds the sum or value of $5,000,000” in the aggregate and there is at least minimal diversity of citizenship. [1]
What are the provisions of the Class Action Fairness Act?
U.S.C. § 1332(d)). CAFA also enacted new rules and procedures related to removal (28 U.S.C. § 1453) and to settling class actions (28 U.S.C. §§ 1711-1715). This Note outlines CAFA’s provisions concerning: Expanded federal diversity jurisdiction over class actions.
How is a mass action defined under CAFA?
CAFA defines a mass action as any civil action (other than one fitting CAFA’s definition for a traditional class action), in which the claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact (28 U.S.C. § 1332(d)(11)(B)(i)).
What kind of jurisdiction does a defendant have under CAFA?
As with jurisdiction under the general diversity statute, jurisdiction under CAFA depends on the allegations in the complaint; defendants need not admit those allegations in order to seek removal.