Coordinators

Other Contributors

About Us

www.clpblog.org

The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

« Victory for Consumers in Kirtsaeng v. John Wiley & Sons | Main | "The Economic Case Against Arizona's Immigration Laws" »

Tuesday, March 19, 2013

Comments

Barry Rogers

Though I think the ruling in Knowles is neither outrageous or unexpected, I think both of Mr. Goldfarb's points are wrong. First, the Eighth Circuit -- and a number of other federal courts -- accepted the idea that the plaintiff could seek less than the jurisdictional amount, and those courts are hardly associated with the antics in Madison County. Second, allowing plaintiffs to keep cases out of federal court by stipulating to less than the jurisdictional amount would not have been tantamount to repeal of the law. It would narrow CAFA's reach to some degree. But, in most large class cases, plaintiffs would not downsize their recoveries that drastically. In fact, there's no evidence that plaintiffs' lawyers were using this technique in a large number of cases. They were using it rarely because in most cases it made sense to seek well in excess of $5 million.

Lew Goldfarb

This was a no brainer for the Supremes. Not even a Madison County Court would have allowed this end run around CAFA. A ruling for plaintiffs would have been tantamount to repeal of the law.

The comments to this entry are closed.

Subscribe to CL&P

RSS/Atom Feed

To receive a daily email of Consumer Law & Policy content, enter your email address here:

Search CL&P Blog

Recent Posts

June 2021

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30