Federal Class Action Fairness Act 2005
View Federal Class Action Fairness Act 2005 PDF
•Senate Report 109-14 --The Class Action Fairness Act of 2005
This report is meant to accompany S.5 and contains additional and minority views.
The Judicial Conference's Advisory Committee on Civil Rules requested that the FJC (Federal Judicial Center) study the effect of the Class Action Fairness Act of 2005 (CAFA) on the federal courts. The Federal Judicial Center has accordingly issued periodic reports that examine the subsequent changes in the number of class actions filed in the federal court system.
- Impact of the Class Action Fairness Act on the Federal Courts
Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions published by the Federal Judicial Center in November 2008. This report offers the preliminary findings from Phase Two on the impact of the Class Action Fairness Act of 2005 (CAFA). Phase Two specifically is meant to measure CAFA's impact on litigation and judicial rulings in class actions in the federal courts.
- The Impact of the Class Action Fairness Act of 2005 on the Federal Courts - Fourth Interim Report to the Judicial Conference Advisory Committee on Civil Rules, April 2008
This report published by the Federal Judicial Center in April 2008 found an overall 72 percent increase of class action litigation in the 88 district courts studied when looking at cases filed January-June 2007 as compared with July-December 2001.
- The Impact of the Class Action Fairness Act of 2005 on the Federal Courts - Third Interim Report to the Judicial Conference Advisory Committee on Civil Rules, April 2007
The frequency, type and number of class actions filed between July 1, 2001-June 30, 2006 in the federal district court system were studied. This study examines litigation in the federal district courts, filing and removal of class action cases and appellate review of the cases.
- The Impact of the Class Action Fairness Act of 2005 on the Federal Courts - Second Interim Report to the Judicial Conference Advisory Committee on Civil Rules, September 2006
The period between July 1, 2001 to June 30, 2005 is studied. Some attention is given to distinguishing between long-term trends and short-trends.
Class Action Fairness Act Resources
- The Washington Post, 2/10/2005
Senate Nears Revision of Class Actions
This Washington Post article was written by Staff writers John F. Harris and Jim VandeHei in February 2005. The writers have summarized the legislative restructuring rule changes. Supporting and opposing views are described with quotes from President Bush.
- American Bar Association
Class Actions & Derivative Suits
This page is provided by the American Bar Association. It provides links to the full text of S. 5, a legislative history, CAFA articles and analysis.
- American Bar Association
Class Action Fairness Act of 2005:An Analysis
This article by Scott Nelson of the Public Citizen Litigation Group examines the two principal parts of the new Class Action Fairness Act.
Class Action Fairness Act Summary, Detailed Vote Record, other info
GovTrack.us independently tracks the United States Congress. This link allows you to view individual votes in the Senate and House of Representatives.
- Library of Congress
Links to: Amendments, Text, Cosponsors,CRS Summary, more
This Library of Congress site provides links to text of legislation, Cosponsors, amendments, related bills, and any related congressional action.
- The Center for Responsive Politics
COURTS: Class Action Reform
Summarizes the expected impact of Class Action Fairness Act 2005.
Community-written Free Encyclopedia
Summarizes the Class Action Fairness Act of 2005. This article also includes a short section with a synopsis of the position taken by critics of CAFA and links for further reading.
- Washington Legal Foundation
Federal Appeals Courts Rule on Class Action Fairness Act
This article by Ainsley Dietz, Director of Policy and Outreach of Washington Legal Foundation, examines Pritchett v. Office Depot, Inc. and Knudsen v. Liberty Mutual Insurance Company, Inc. as they relate to CAFA and the removal of certain class actions from state to federal court.
Recent Court Decisions
- United States Court of Appeals for the Tenth Circuit
Pritchett v. Office Depot Inc., No. 05-0501; August 18, 2005
- United States Court of Appeals for the Seventh Circuit
Knudsen v. Liberty Mutual Ins. Co., No. 05-8010
Pfizer Inc. v. Lott, No. 05-8013
Schorsch v. Hewlett-Packard Co., No. 058017
- United States District Court for the Northern District of California
Electronic Frontier Foundation v. Office of the Director of National Intelligence, No. C 07-5278 SI Filed 11/27/2007
Electronic Frontier Foundation (EFF) Class Action Lawsuit Against AT&T (1/31/2006)
- Central District of California, Southern Division
Berry v. American Express Publishing Corp., No. 05-302
Bush v. Cheaptickets Inc., No. 05-2285
- United States Court of Appeals for the First Circuit
Natale v. Pfizer Inc., No. 05-10590
Miara v. First Allmerica Financial Life Ins. Co., No. 04-12188
- United States District Court, Western District of Kentucky
Adams v. Federal Materials Co. Inc., No. 05-cv-90
- United States District Court Western District of Washington at Seattle
In re Expedia Hotel Taxes and Fees Litigation
Class Action Fairness Act Blogs
- CAFA Law Blog
Law Blog published by Multi-State Firm
This CAFA Blog is published and maintained by McGlinchey Stafford, PLCC, a law firm specializing in class action defense. Find class action Case Summaries and Analyses.
- The UCL Practitioner
California Attorney Weblog
Kimberyl Kralowec maintains this weblog. Recent court cases in Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits that have dealt with CAFA are examined. Links to a variety of California Law Blogs and Law Blogs outside of California are included.
- RICHARD A. NAGAREDA, Vanderbilt University School of Law
Bootstrapping in Choice of Law After the Class Action Fairness Act
This paper was presented in Winter 2005 on the twentieth anniversary of the Supreme Court's ruling in Phillips Petroleum Co. v. Shutts.
- Howard J. Bashman (Law.com)
Less Is More: When Courts Decide a Law Means the Opposite of What It Says(Court interpretation of CAFA Language)
This article written in February 2006 by Howard Bashman examines the role appellate courts may play in interpreting CAFA.
- Juliana Kreese & Benjamin C. Rosenbaum | University of California, Davis, School of Law
The New Face of Class Action Litigation
This interview with Professor Tobias Wolff of UC Davis Law School discusses the Class Action Fairness Act and examines the extent to which this act solves the problems it was meant to address.
- The Class Action Preservation Project
Public Justice, a national public interest law firm, created this special project to work to preserve every Americans right to their day in court.Their objective is to defeat attacks on this American right whether from " federal preemption, mandatory arbitration, class action bans and abuses, court secrecy, attacks on the right to counsel and jury trial, and unconstitutional legislation..."
- Thomas E. Willging, Emery G. Lee III | Federal Judicial Center, September 2006
The Impact of the Class Action Fairness Act of 2005
This report looks at preliminary data July 1, 2001-June 30, 2005 dealing with the number, frequency, and types of class action filing in the federal district courts during this time period.
- Thomas E. Willging, Emery G. Lee III | Federal Judicial Center, September 2007
The Third Interim Report to the Judicial Conference Advisory Committee on Civil Rules.
This report looks at data for a five-year study period from district courts not included in the previous report.