Federal Class Action Fairness Act Flashcards
What are the requirements to be considered a class action?
1) class is numerous so joinder is impractible
2) questions of law or fact common to the class
3) named parties interests are typical of the class
4) named parties will adequately represent the interest of the absent members of the class
5) one of the following three situations is present:
- risk of inconsistent results or impair interests
- injunctive or decleratory relief is appropriate
- common questions of law or fact predominate and a class action is superior to alternative methods of adjudication.
what should the court consider when certifying the class early in the case?
1) the interest of individual control
2) extent and nature of litigation elsewhere on the same subject
3) desirability of a joint trial
4) difficulties in managing class action
when do the class members require notice?
if the class action is a common question category other than that notice is discretionary
what about the Class Action Fairness act?
subject matter j is established if
1) any class member is of diverse citizenship from any defendant
2) the amount of controversy in the aggregate exceeds 5 million
3) there are at least 100 members in the proposed class or classes
under cafa, may any defendant remove from state to federal court?
yes and it doesnt matter if they are a citizen of the forum state, which is unlike regular removal.
What actions are excluded under CAFA?
1) if the primary defendants are states, state official, or other governmental entities
2) claim under federal securities laws
3) relates to internal affairs of a corporation
when must a fed court decline to hear a action because no jurisdiction?
they must whenever more than two thirds of the plaintiffs are citizens of the state they filed in , the defendant is a citizen of that state, and the principal injury occurred in that state, and no similar class action has been filed within the previous 3 years.
