Pleading and Defending Class Actions

Leveraging the Latest Developments in CAFA Removal Jurisdiction

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, December 8, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will offer strategies for class action defense counsel to leverage the latest case law developments in class action removal jurisdiction.


Since the Class Action Fairness Act (CAFA) was enacted, plaintiff and defense attorneys have developed innovative strategies for pleading and defending cases in order to gain the most favorable court forum for their clients.

Because CAFA’s language is ambiguous and case law interpreting CAFA varies among the federal circuits, class action counsel lack clear guidance or standards in this area.

Common areas of dispute include the burden of proof regarding the amount in controversy; circumstances under which a pre-CAFA filing would be subject to CAFA’s requirements; the local controversy exception; and the impact of class certification denial in federal court on jurisdiction.

Listen as our authoritative panel of class action litigators examines new pleading themes in class action litigation after CAFA, discusses how the courts are addressing common areas of dispute, and offers strategies for defending class action cases in the post-CAFA environment.



  1. Recent CAFA decisions
    1. “Amount in controversy” standards
    2. “Local controversy” exception
    3. Mass action removals under CAFA
  2. New pleading and defense strategies
    1. Suing in multiple states under multiple states’ substantive laws
    2. Suing multiple states in one court under a single state’s substantive law
    3. Exemplar-state class actions
    4. Certifying exemplar-state claims involving similar or different substantive laws
    5. Impact of class certification denial in federal court on jurisdiction


The panel will review these and other key questions:

  • What new pleading strategies have plaintiffs' counsel employed since 2005 to avoid CAFA?
  • How are the Circuit Courts currently responding to requests for removal in class action litigation?
  • What tactics should defense counsel consider using to obtain removal to federal court?
  • What is the effect of amending a pleading that was filed pre-CAFA on removal?


Scott Voelz
Scott Voelz

O'Melveny & Myers

He is a member of the firm’s Class Actions, Mass Torts, and Insurance Litigation Practice. He has represented...  |  Read More

Brent R. Austin
Brent R. Austin

Wildman Harrold Allen & Dixon

He concentrates his practice on complex litigation in state and federal courts nationwide, with an emphasis on class...  |  Read More

Sean P. Wajert
Sean P. Wajert


He is Co-Chair of the firm's Mass Torts and Product Liability Practice Group. He has represented companies such as...  |  Read More

Daniel R. Karon
Daniel R. Karon

Goldman Scarlato & Karon

He manages the firm's Cleveland office and specializes in plaintiffs’ consumer fraud and antitrust class...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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