The year-old federal Class Action Fairness Act has proven difficult for plaintiffs to challenge, as evidenced by a pair of recent decisions handed down by Pennsylvania federal judges who refused to send the cases back to the state courts where they began. In one case, the judge found that the plainitffs had added another defendant after CAFA took effect. In the other, the judge refused to remand a suit after finding evidence that less than one-third of the plaintiff class are citizens of Pennsylvania.
March 06, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In its first year on the books, the federal Class Action Fairness Act has proven to be difficult for plaintiffs to challenge, as evidenced by a pair of recent decisions handed down by Eastern District of Pennsylvania judges who refused to send the cases back to the state courts where they began.
CAFA, which took effect on Feb. 18, 2005, permits defendants to remove certain class actions to federal court if “minimal diversity of citizenship exists.”
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