Dwight J. Davis and Richard T. Marooney, partners at King & Spalding, and Zachary A. McEntyre, an associate with the firm, write: Some district courts have concluded that federal court jurisdiction over putative class actions under CAFA vanishes when the court determines that the plaintiff's class allegations are invalid, even if such cases could later be certified as a class action in state court. In so holding, the courts have opened the door for procedural gamesmanship.
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Perspective: Stop the Class Action Merry-Go-Round
New York Law Journal
May 17, 2010
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