May 26, 2014 Articles

Strategies for Removal under the Class Action Fairness Act

Removal to federal court under CAFA requires swift action.

By Wystan Ackerman – May 26, 2014

Removal to federal court under the Class Action Fairness Act (CAFA) requires swift action upon receipt of a new class-action complaint filed in state court. If corporate counsel does not begin internal research promptly, it may become difficult or even impossible to obtain the information needed for removal in time (except in the Ninth Circuit). Determining whether a case is removable and gathering the information needed to demonstrate the amount in controversy and any other pertinent facts often require substantial effort.

My hope is that this article can serve as a quick guide to removal under CAFA and the key recent decisions, although I can’t cover the entire landscape in a few pages.

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