release

This is a little inside baseball, but a federal judge in Arkansas has ruled that the federal Class Action Fairness Act of 2005 does not apply to cases that have NOT been filed under Federal Rule 23 (governing class actions) or state law equivalent, even if the relief asked for is essentially identical.

The motion sought relief, Beverly argued, that would be certifiable as a class action under Federal Rule 23 in accordance with the expanded federal jurisdiction provided by CAFA. Essentially, the defendants alleged, Quack, quack, quack. And quack, quack.

The court has, wisely in my opinion, determined that a bright-line rule should apply, instead of expecting courts to apply a case-by-case analysis to determine whether or not a case is sufficiently like a class action to qualify for removal to federal court from the various state courts.