Interpreting the Class Action Fairness Act in a Truly Fair Manner

Article by Allan Kanner

The class action battle is over. The cows are going home, even as the last renegade bulls (the class actions filed before February 18, 2005) make their final run through state courts. The Class Action Fairness Act of 2005 (CAFA) is now law. But the war waged by plaintiffs' lawyers (as well as public interest groups) is not lost. The battles will simply turn on how to interpret CAFA in light of congressional intent and in the context of other applicable laws and jurisprudence.


About the Author

Allan Kanner. Partner, Kanner & Whiteley, New Orleans, Louisiana; Senior Lecturing Fellow, Duke University School of Law; Adjunct Professor of Law, Tulane University School of Law. J.D. 1979, Harvard Law School; B.A. 1975, University of Pennsylvania.

Citation

80 Tul. L. Rev. 1645 (2006)