In a little-noticed move this week, the Senate Judiciary Committee voted, by a 13-5 margin, to approve the purposefully mis-named "Class Action Fairness Act" (PDF). (Three Democrats joined all ten Republicans.) What does this bill do, and why is it so harmful?
The CAFA requires that most class-action lawsuits be brought in federal, rather than state, court. On first blush, this might sound like a good idea: If you've got a truly national case with lots of plaintiffs from around the country, then your intuition might tell you the suit should proceed in federal court. And that's precisely what the bill's sponsors want you to believe.
The problem is this: The federal courts are already over-burdened and under-funded. This bill would force cases from fifty different state systems - which can better share the burden - into one jammed-up federal system. The delays for class actions would be enormous - long enough, quite probably, to serve as a deterrent to bringing worthy claims.
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Yup, think 'Clear Skies', 'Healthy Forests', and 'No Child Left Behind'.
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