As corporate defendants reflexively remove all state class actions into federal court, their attorneys might pause to reflect that unsuccessful attempts to remove under the federal Class Action Fairness Act might result in an award of plaintiffs’ costs and attorney fees, or worse. Since CAFA was enacted on Feb. 18, 2005 (Pub. L. No. 109-2, 119 Stat. 4 (2005)), defendants now routinely invoke CAFA’s removal provisions to move state class actions into federal courts. See 28 U.S.C. 1453.

Such removal efforts may be fraught with unperceived peril. As defendants now routinely utilize CAFA removal strategy, plaintiffs in many CAFA removal cases have begun to seek attorney fees when a federal court grants a remand to state court. See e.g., Nelsen v. PeoplePC Inc., 2007 U.S. Dist. Lexis 41641 (N.D. Calif. May 30, 2007); Reibstein v. Continental Tire North America Inc., 2007 U.S. Dist. Lexis 24755 (E.D. Pa. April 2, 2007).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]