Jurisdiction, Venue, and Forum
Removal and Remand
The Class Action Fairness Act requires minimal diversity, one hundred or more class members, and more than five million in aggregate controversy. Exceptions return predominantly local controversies to state court.
The unanimity and one-year limits do not apply.
Alternative Names:
Class Action Fairness Act Removal|CAFA Jurisdiction
Why it Matters?
CAFA eliminated the complete diversity and unanimity barriers that kept most class actions in state court, which fundamentally changed class action defense strategy. The local controversy and home state exceptions are the plaintiff's response, requiring that a defined proportion of class members and a significant defendant be forum citizens. Aggregating claims to reach five million is the removing party's burden and is generally satisfiable in any substantial class case.
Frequently Confused with
Related terms
Frequently asked questions
What barriers did CAFA remove?
What is the plaintiff's response?
