by Michael Kun
In 2005, Congress passed the Class Action Fairness Act (“CAFA”) to ensure that large, interstate class actions could be heard in federal courts. Under CAFA, federal courts have been given original jurisdiction over those class actions in which at least one party is diverse and the amount in controversy exceeds $5 million once all of the putative class members’ claims have been aggregated.
Likely before CAFA had even gone into effect, some plaintiffs’ lawyers devised a strategy to try to escape federal jurisdiction under CAFA – stipulating that they would ...
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