A highlight from this issue:
- Class Action Fairness Act (CAFA) Jurisdiction. The Fifth Circuit held as a matter of first impression that the term “principal injuries” in the CAFA’s local controversy exception “qualitatively and comparatively evaluates the types of injury, not the quantity of plaintiffs who were injured,” and, “[t]hus, when some plaintiffs sustained their primary injuries in the forum state but others do not [the local controversy exception] is not satisfied.” This means if a class seeking economic damages wants to avoid federal CAFA removal jurisdiction, it must limit the class to only citizens of the state where the case is filed.
