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CAFA Judicata: A Tale of Waste and Politics
by Kevin M. Clermont & Theodore Eisenberg

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What happened when the Class Action Fairness Act of 2005 (CAFA) encountered the federal judges—did the courts match the congressional ardor for class action reform? In an effort to answer this question, we studied the cases decided under the Act after its enactment on February 18, 2005, and before our cutoff of August 18, 2007. We measured judicial activity and receptivity in regard to the Act. It turned out not to be a matter of CAFA ipsa loquitur, because the courts played a role in reshaping the Act. By examining at close range the thing adjudged, we saw social waste by litigation, and we saw wise but value-laden resistance by judges.

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