Newark’s Christopher J. Dalton Pens Class-Action Article for New Jersey Lawyer Magazine
The April edition of New Jersey Lawyer magazine is dedicated to class actions, and Buchanan Ingersoll & Rooney's Christopher J. Dalton’s article on evolving jurisdictional issues under the Class Action Fairness Act led off the special edition. Dalton reviews the development of federal-court jurisdiction under CAFA, exploring issues such as how to obtain and prevent CAFA jurisdiction and whether events after removal (or filing) in federal court can affect jurisdiction. The article examines situations where a federal court might lose CAFA jurisdiction, such as where a plaintiff amends away or the court dismisses the claims or facts giving rise to federal jurisdiction, where subsequent revelations demonstrate that the factual bases for CAFA jurisdiction never actually existed and where a court denies class certification, leaving a single- (or even multi-) plaintiff action without the necessary plaintiffs or damages to provide CAFA jurisdiction.