The Class Action Fairness Act has been with us for about 2 1/2 years. Hundreds of district and circuit court opinions have grappled with numerous issues, some anticipated and some — such as questions about the applicability of CAFA and the burden of proof — not. One aspect of CAFA, however, has received relatively little attention, the mass action provision. A recent 11th U.S. Circuit Court of Appeals case, Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007), sets out for the first time a comprehensive analysis of many of CAFA’s mass action provisions. The lengthy opinion is a must read for all CAFA aficionados.


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