Document Type
Article
Publication Date
5-2017
Journal Title
Georgia State University Law Review
ISSN
8755-6847
Abstract
Part I of the article discusses the relevant policies underlying CAFA and Rule 23. Part II briefly outlines the more straightforward operation of CAFA jurisdiction in pre-certification and post-successful certification situations before explaining the provisions in CAFA that have given rise to considerable confusion after courts deny class certification. Part III critiques the arguments made by courts and scholars in support of and against continuing jurisdiction. It then suggests an approach that is most consistent with the statute, in light of all of its relevant provisions and their corresponding limitations, and that furthers prudential concerns underlying Rule 23 and CAFA as much as possible given the way the statute was drafted.
First Page
723
Last Page
770
Num Pages
48
Volume Number
33
Issue Number
3
Publisher
Georgia State University
Recommended Citation
Tanya Pierce,
Dueling Grants: Reimagining CAFA's Jurisdictional Provisions,
33
Ga. St. U.L. Rev.
723
(2017).
Available at:
https://scholarship.law.tamu.edu/facscholar/1076