Class Action Fairness Act: An Update

Passage of the Class Action Fairness Act (CAFA) in 2005 was just the beginning of so-called class action litigation reform. Since then, the courts have been busily interpreting CAFA in the context of congressional intent and other applicable laws and jurisprudence.

Understanding these decisions, jurisdictional variations and the arguments on both sides is crucial for both plaintiffs and defendants dealing with class litigation.

Listen as our authoritative panelists provide an overview of CAFA, the key areas under debate, how courts are ruling on those issues, and newly emerging trends in court interpretations of the controversial law.

Gail Lees, Gibson Dunn & Crutcher, Partner, Los Angeles, is chair of the firm's Consumer Class Actions Practice Group and specializes in trial and management of complex class actions. She has extensive experience with consumer and contractual fraud, class actions and quasi-class actions as well as securities fraud class actions and derivative litigation.

James D. Smith, Partner, Bryan Cave, Phoenix, specializes in class and derivative actions, commercial litigation, antitrust/U.S. trade, and product liability. He has defended entities against class and individual claims alleging personal injury and medical monitoring damages, consumer fraud, breach of contract, and regulatory violations.

Howard Roin, Partner, Mayer Brown Rowe & Maw, Chicago, specializes in a variety of commercial litigation including consumer and business class actions, securities fraud, commodities fraud, employment termination and business separation, and breach of contract.

Stephen J. Kane, Mayer Brown Rowe & Maw, Chicago, is a member of the firm's Appellate and Supreme Court Practice. In addition to his appellate work, he focuses on mass torts, class actions, and punitive damages.

The panel addresses these and other key questions:

• How are the courts ruling on which side bears the burden of proof on the new $5 million amount-in-controversy requirement?
• Under what circumstances are courts allowing cases filed prior to the passage of CAFA to be removed to the federal courts under the Act?
• What arguments are winning defense motions for post-removal discovery on the amount-in-controversy?
• How much scrutiny are the courts actually giving to class litigation settlement agreements?

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