The mandatory exception requires remand where two-thirds or more of class members and all primary defendants are citizens of the filing state. A discretionary exception permits remand where between one-third and two-thirds are citizens.
The discretionary version applies a multi-factor analysis.
Alternative Names:
CAFA Home State Exception, Home State Provision
Why it Matters?
The all primary defendants requirement is what limits the mandatory exception, since a single out-of-state primary defendant defeats it regardless of class composition. That makes defendant citizenship analysis the first inquiry rather than the class citizenship question. The discretionary exception's multi-factor analysis gives courts latitude, which produces less predictable outcomes than the mandatory provision.
Frequently Confused with
Related terms
Frequently asked questions
What defeats the mandatory home state exception?
How does the discretionary exception differ?
