The Fifth Circuit recently addressed the scope of appellate jurisdiction under the Class Action Fairness Act (CAFA). CAFA allows federal courts of appeals to hear, on a discretionary basis, appeals from “an order of a district court granting or denying a motion to remand a class action.” 28 U.S.C. § 1453(c)(1). The Fifth Circuit has

In a title insurance class action, the Fifth Circuit recently illustrated one method of applying the Supreme Court’s decision in Wal-Mart v. Dukes:  Analyze separately each question that the named plaintiffs propose as a  common question of law or fact.  Determine whether it is actually a proper question that a judge would decide as

How is a district court supposed to apply the Supreme Court’s opinion in Wal-Mart v. Dukes?  Dive deeply into the specifics of the plaintiff’s causes of action, the defendant’s defenses and the relevant facts.  A more general, broad brush analysis will not do.  That was the message delivered by the Fifth Circuit fairly strongly