Federal courts, more than three years after enactment, have wrestled with almost every conceivable issue raised by the Class Action Fairness Act of 2005 (CAFA). While it seems nigh impossible that litigants have not raised every conceivable CAFA issue, this turns out not to be true. In a lengthy CAFA decision this past spring, the Fifth U.S. Circuit Court of Appeals grappled with the interesting problem of whether a state may evade CAFA removal jurisdiction by invoking Eleventh Amendment sovereign immunity.
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CAFA, Eleventh Amendment
The National Law Journal
September 2, 2008
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