What is the class action fairness act?
The Class Action Fairness Act, or CAFA, is a federal law that affects the way certain types of class action lawsuits in the United States are handled. It was passed in 2005 and applies to lawsuits that involve over $5 million in damages. The main provisions of CAFA are that class action suits are to be transferred to federal court if the parties come from different states, or otherwise involve citizens of different states; that these suits can be removed from state court to federal court even if the parties reside in the same state; and that the court has jurisdiction over class action suits that involve more than 100 members. Additionally, the Act sets forth certain criteria for determining whether or not a particular case should be considered a class action in the first place. In Kansas, the Supreme Court of Kansas has adopted the federal standards set by CAFA for determining whether a particular case qualifies as a class action. These standards include ensuring that the number of class members is large enough to make managing the litigation as a group more efficient than individually; that the class members all have common claims or defenses; that there is enough of a connection among the claims or defenses to make it advantageous to manage the case as a group; and that the representative parties have adequate resources and legal representation to fairly and adequately represent the interests of the entire class.
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