November 09, 2010

We Got No Class and We Got No Principles: CAFA and the Denial of Class Certification

This article explores the question of jurisdiction under the Class Action Fairness Act when certification is denied. Philadelphia partner Michael Daly and associate Jessica Khan outline key statutory provisions and examine the Act’s legislative history, context and purpose. They conclude that Congress intended that the effect of a denial of certification should “be resolved by reference to traditional jurisdictional principles,” and that “[t]he trend in authority — that CAFA jurisdiction invoked in good faith is not ousted by a denial of certification — is more consistent with those principles and with CAFA’s legislative purpose.”

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