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Jurisdiction and the Class Action Fairness Act
This set of materials considers the issues raised by the passage of the Class Action Fairness Act. The first set considers the problem of simultaneous litigation in state and federal courts and serial litigation in the federal courts. How do courts deal with this issue? The second set considers the choice of law problems that are created by the federalization of class actions and asks you to revisit the question of what barriers individual state laws pose for certification of national classes, an issue you already saw in Sullivan v. DB Investments and Phillips Petroleum v. Shutts. Finally, this section considers the issue of suits brought by Attorneys General, which just narrowly escaped federalization this term.
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