Has the Erie Doctrine Been Repealed by Congress
The enactment of the Class Action Fairness Act of 2005 (CAFA) is a congressional pronouncement implying that the Erie Doctrine is seriously erroneous. In broad terms, CAFA allows class actions that have been filed in state courts and that are based on state substantive law to be removed to federal court if they involve out-of-state defendants and more than five million dollars in claimed damages. The legislation is very complex and in many respects ambiguous.
Previous ArticleThe Class Action Fairness Act of 2005 in Historical Context: A Preliminary View
Stephen B. Burbank
Howard M. Erichson