(Papers to be published in Review of Litigation)
Congress enacted the Class Action Fairness Act of 2005 (CAFA) in response to what it perceived to be the manifold misuse of class action proceedings in state courts. CAFA embodies two broad advances. First, reflecting distrust of state court proceedings, CAFA’s jurisdictional rules effectively transform federal district courts into the “default” forum for all but a relatively small segment of multi-state, state-based class actions. Second, reflecting dissatisfaction with the fairness of many proposed settlements, CAFA’s settlement rules constrain the terms of class action settlements, including those dubbed “coupon settlements”, and seek the involvement of government officials in the settlement approval process.
Clearly, CAFA has significantly influenced class action litigation. However, questions exist as to the statute’s interpretation and efficacy. This panel will offer perspectives on a range of CAFA related topics, including the interpretation of key statutory provisions, the import of its settlement provisions, the significance of the statute in the context of federalism, the influence of the statute on class action and mass action litigation strategies, and finally the impact of the statute on the legal community and society as a whole.
Business Meeting at Program Conclusion.