Circumventing CAFA: The Ethical Implications of Damage Stipulations in Class Actions

The Class Action Fairness Act of 2005 (CAFA) was enacted with the primary goal of ensuring that large-scale, nationwide class actions are litigated in federal court. This objective was motivated, in part, by Congressional concern that plaintiffs’ attorneys were exploiting the system through “forum-shopping,” maneuvering cases into state courts perceived as biased or ill-equipped to […]