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U.S. Supreme Court

Case Status

Decided

Docket Number

08-1589

Term

Cert. Denied

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Case Updates

Cert. petition denied

October 05, 2009

U.S. Chamber files amicus brief urging Supreme Court decision of Class Action Fairness Act (CAFA) case

July 27, 2009

NCLC urged the Supreme Court to hear this case to decide whether plaintiffs may splinter litigation into identical “mini” collective actions in state court solely to avoid federal jurisdiction conferred by the Class Action Fairness Act (CAFA). In this case, 664 plaintiffs filed seven separate, though identical, complaints in the same state court on the same day - each with fewer than the minimum 100 plaintiffs required under CAFA to remove a mass action to federal court. In its brief, NCLC argued that splintering litigation to evade CAFA contravenes Congress’ intent to expand federal diversity jurisdiction over litigation that has a significant impact on interstate commerce.

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