Comments on: Practice Tip: Think CAFA Requirements Only Apply In Removed Cases? Think Again. http://classactionblawg.com/2008/04/09/practice-tip-cafa-requirements-only-apply-in-removed-cases-think-again/ class action news, commentary, and analysis Fri, 11 May 2012 04:15:00 +0000 hourly 1 http://wordpress.com/ By: When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign « ClassActionBlawg.com http://classactionblawg.com/2008/04/09/practice-tip-cafa-requirements-only-apply-in-removed-cases-think-again/#comment-2696 Wed, 13 Apr 2011 03:44:31 +0000 http://classactionblawg.wordpress.com/?p=33#comment-2696 [...] Practice Tip: Think CAFA Requirements Only Apply In Removed Cases? Think Again, April 9, 2008 [...]

]]> By: Paul Karlsgodt http://classactionblawg.com/2008/04/09/practice-tip-cafa-requirements-only-apply-in-removed-cases-think-again/#comment-121 Sat, 24 May 2008 15:01:02 +0000 http://classactionblawg.wordpress.com/?p=33#comment-121 Lauren, you raise a great question. I personally have not addressed issues relating to the subject matter exceptions to CAFA in my practice. However, the plain language of section 1711 suggests that if claims can be brought in federal court as class claims for any reason (whether or not due to the expanded jurisdiction available under CAFA), the settlement provisions of section 1715 would still apply. If so, the settlement requirements would apply in class actions brought under federal question jurisdiction pursuant to federal securities laws and state law class actions not subject to CAFA remloval because of the carve outs but still removable somehow under traditional $75,000 amount-in-controversy principles. Thus, the applicability of the section 1715 notice requirements would not depend on the carve-outs themselves, but rather whether the case could proceed in federal court as a class action under any theory.

On a related note, the Second Circuit Court of Appeals recently decided a case involving the scope of the securities exception. See http://classactionblawg.com/2008/05/14/lawcom-split-second-circuit-panel-limits-scope-of-securities-exception-to-cafa-removal/

Thanks for your comment and I welcome your comments in the future!

]]> By: Lauren http://classactionblawg.com/2008/04/09/practice-tip-cafa-requirements-only-apply-in-removed-cases-think-again/#comment-118 Fri, 23 May 2008 23:37:24 +0000 http://classactionblawg.wordpress.com/?p=33#comment-118 I think another pending question is whether the carve out exceptions that apply throughout other CAFA provisions – such as the carve out for securities and internal corporate affairs – also apply to 1715 notice requirements. What is your take on this?

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