Document Type

Article

Comments

Has the Erie Doctrine Been Repealed by Congress?, 156 U. Pa. L. Rev. 1629 (2008)

Abstract

The enactment of the Class Action Fairness Act of 2005 (CAFA) I 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
2 more than five million dollars in claimed damages. The legislation is
very complex and in many respects ambiguous.

Date of Authorship for this Version

2008

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