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- Title
ERIE, THE CLASS ACTION FAIRNESS ACT, AND SOME FEDERALISM IMPLICATIONS OF DIVERSITY JURISDICTION.
- Authors
Marcus, David
- Abstract
The article investigates the justifications provided for diversity jurisdiction during the time up to Erie Railroad v. Tompkins and during the debates of the Class Action Fairness Act (CAFA). A shift in approaches to the problems of choice of law in class actions is manifested by hostility in federal courts on the cases under CAFA's reach. A criticism based on Erie on the federalism implications of CAFA is presented.
- Subjects
CLASS actions; PARTIES to actions; ACTIONS &; defenses (Law); ERIE Railroad Co. v. Tompkins; CLASS actions -- Law &; legislation
- Publication
William & Mary Law Review, 2007, Vol 48, Issue 4, p1247
- ISSN
0043-5589
- Publication type
Article