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Impact of the Class Action Fairness Act on the Federal Courts: Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions

Emery G. Lee, Thomas E. Willging, George W. Cort, Laural L. Hooper, Marie Leary, Angelia N. Levy, D. Dean P. Miletich, Robert J. Niemic, Shelia Thorpe
November 1, 2008
Available Online Only

The preliminary findings presented in this report suggest that, in diversity class actions, there is less to class allegations than one would expect. There was relatively little motions activity in the typical case, and the majority of cases not remanded to state court were voluntarily dismissed. Most plaintiffs did not move to certify a class. But all class actions in which a class was certified, whether for litigation or settlement purposes, ended with class settlements.