Highlights from this issue include:
- Class Action Fairness Act Jurisdiction. The Ninth Circuit held that a plaintiff’s decision to remove class allegations after a case is removed from state court to federal court deprives the federal court of jurisdiction under the Class Action Fairness Act.
- Ascertainability. The Tenth Circuit held that for a class to be ascertainable, the class definition must (1) be defined clearly and cannot be defined too vaguely and (2) be defined objectively and cannot be based on subjective criteria. The Tenth Circuit refused to impose a separate “administrative feasibility” requirement.
- American Pipe Tolling. The Fifth Circuit held the Texas Supreme Court would likely not toll the statute of limitations for a state law claim during a pending federal class action.
