“Class Actions Are About Trials That Almost Never Occur.”
| A recent ABA panel of class action experts discussed the surprising resurgence of state court class actions despite the federal 2005 Class Action Fairness Act’s (‘CAFA’s”) efforts to rein in state court class action over the last 20 years. Although CAFA did reduce the availability of state court jurisdiction for many class actions and concentrate larger claims in federal court, there have been a proliferation of state court class actions in recent years, including state claims under BIPA, TCPA, CCPA, “junk fees” and other state analogues to federal statutory claims. These statutory claims often carry hefty statutory damages and fee-shifting provisions. As seasoned class action litigators Timothy Blood, Christoper Choba and Robert Herrington noted at the recent ABA Class Actions National Institute, there are a variety of reasons for this resurgence. Shifting and sometimes varying federal jurisdictional standards and stringent “injury in fact” requirements can slow down and complicate federal class action litigation, and the availability of similar remedies and even injunctive relief can make state courts a more attractive alternative for many class action practitioners. There has also been a rise in the removal of class actions to federal court that are then remanded back to state court for lack of jurisdiction. The select mediators and arbitrators at UWWM’s Center for National Class & Mass Actions have decades of specific experience in class and mass actions and are uniquely qualified to assist you in resolving these legal disputes. For further information and scheduling, please visit our website. |