We’re not the font of all legal knowledge; we don’t claim to be. Every now and then we come across material published by our colleagues at other firms defending prescription medical product liability litigation that we think would be valuable to our readers, so we ask if we can republish. That’s how our 50-state survey on state tolling statutes came about. It was a piece by another firm that we thought would be useful to our readers dealing with unsuccessful would-be forum shoppers, so we inquired, and they were gracious enough to allow us to distribute their research to our readers.
Recently, we were duly impressed by a Greenberg Traurig class action-related “advisory” entitled “Class Action Fairness Act Advanced Removal Strategies.” It was written by Greenberg partners, Ryan C. Bykerk, and Christopher S. Dodrill. This advisory is richly enough researched that it looks and reads like a law review article – which we at the Blog appreciate. Here’s a thumbnail list of the CAFA topics covered:
- Timing of CAFA removal, including defense ability to remove on their “own information” at any time.
- How courts respond to plaintiffs gaming CAFA’s 100-member “mass tort” threshold.
- Sufficiency of removal allegations concerning CAFA minimal diversity.
- Citizenship of various types of entities involved in CAFA litigation.
- Determining and pleading CAFA’s $5 million amount-in-controversy requirement.
- Post-removal attempts by plaintiffs to destroy CAFA jurisdiction.
- Defense-side jurisdictional discovery in CAFA cases.
- Viability of successive CAFA removals.
We’ve uploaded a copy of this piece here, or if you’re so inclined, you can read it on Greenberg Traurig’s website, here.
On multiple occasions the Blog has addressed CAFA-related topics, occasionally with research posts but more frequently discussing new significant decisions. We’re pleased to add this piece to the resources available to our readers.