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Appellate Practice

Jun. 17, 2005

Class-Action Statute Fails To Address Appellate Questions

Focus Column - Appellate Law - By Benjamin G. Shatz - In February, Congress passed the Class Action Fairness Act of 2005, which significantly changes class action practice in state and federal courts nationwide. The act expands federal diversity jurisdiction over most class actions, such that jurisdiction now exists over class actions involving classes of at least 100 members if the members' aggregated claims exceed $5 million and at least one class member is diverse from at least one defendant.

Benjamin G. Shatz

Partner Manatt, Phelps & Phillips LLP

Appellate Law (Certified), Litigation

Email: bshatz@manatt.com

Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.

In February, Congress passed the Class Action Fairness Act of 2005, which significantly changes class action practice in state and federal courts nationwide. The act expands federal diversity jurisdiction over most class actions, such that jurisdiction now exists over class actions involving classes of at least 100 members if the members' aggregated claims exceed $5 million and at least one class member is diverse from at least one defendant. See 28 U.S.C. Sections 1332(d)(9) and 1453(d) (...

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