Published Article

On a Roll: Supreme Court to hear 2nd CAFA case

July 5, 2013

Consumer Financial Services Law Report, Vol. 17, Issue 4

The U.S. Supreme Court recently decided to resolve a split among the circuits on the removability of certain attorney general actions under the Class Action Fairness Act of 2005. This is only the second case involving CAFA to reach the Top Court. Removability hinges on identifying the real party in interest, and the appellate courts are divided on the appropriate method for identifying such, specifically the “claim-by-claim” approach or “complaint as a whole” approach.

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