VIEWPOINT: Congress and Indiana class actions The class-action problem CAFA’s fix Unintended consequences
Congress recently passed the Class Action Fairness Act of 2005 (CAFA), intending to lower the costs and risks class-action litigation imposes on businesses. CAFA works primarily by moving certain large class actions out of state courts and into federal courts. This seemingly elegant solution assumes that litigating in federal court will be quicker, cheaper and yield a better result than litigating in state court. However CAFA’s complexity, combined with the good job most state courts are already doing, undermines that…