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Article
Dueling Grants: Reimagining CAFA's Jurisdictional Provisions
Georgia State University Law Review
  • Tanya Pierce, Texas A&M University School of Law
Document Type
Article
Publication Date
5-2017
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.

Num Pages
48
Publisher
Georgia State University
Disciplines
File Type
PDF
Citation Information
Tanya Pierce. "Dueling Grants: Reimagining CAFA's Jurisdictional Provisions" Georgia State University Law Review Vol. 33 Iss. 3 (2017) p. 723 - 770
Available at: http://works.bepress.com/tanya_pierce/25/