Although Hertz v. Friend may be a win for corporate defendants seeking to remove class actions to federal court under the Class Action Fairness Act, attorney Robert J. Stein III, a partner at Adorno & Yoss and counsel for the plaintiffs, believes the opinion may add to the already overburdened federal docket.

“One thing you will get out of this opinion, especially in the 9th Circuit, is more cases in federal court that have basically been state-court disputes in the past,” Stein says.