Class Action Fairness Act (CAFA)
A 2005 federal law that expanded federal jurisdiction over large, multi-state class actions to curb forum shopping into plaintiff-friendly state courts.
CAFA was passed in response to a perception that some state courts were certifying weak nationwide classes too readily and approving settlements that paid lawyers well while delivering little to class members. It gives federal courts jurisdiction over most class actions where the amount in controversy exceeds $5 million in the aggregate and at least one class member is diverse from at least one defendant — a much lower bar than ordinary diversity jurisdiction, which requires complete diversity.
Because CAFA only requires minimal diversity, defendants can remove many class actions that previously would have stayed in state court, as long as the case is not one of CAFA's exceptions, such as the home-state or local-controversy carve-outs for disputes that are genuinely local in nature. CAFA also imposes extra scrutiny on coupon settlements and requires notice to state and federal officials before a class settlement is approved.
In a Juricratic simulation, CAFA removal eligibility is a structural fact the user sets going in, not a dial — it changes which court decides certification and which body of procedural law governs, and both of those inputs feed directly into how the certification and settlement-value branches of the matter play out.
How it actually shows up
Defense counsel evaluating a newly filed state-court class action check CAFA eligibility first, since removing to federal court can change the certification standard, the judge, and the leverage dynamics of the whole case; plaintiffs' counsel often draft complaints specifically to fit within a CAFA exception and avoid removal.
- What does CAFA require for federal jurisdiction?
- An aggregate amount in controversy over $5 million and minimal diversity — at least one class member diverse from at least one defendant — plus at least 100 proposed class members, subject to statutory exceptions.
- Can a class action avoid CAFA removal?
- Yes, if it fits an exception such as the home-state controversy exception (most defendants and the primary defendant are citizens of the forum state and most injuries occurred there) or the local-controversy exception.
- Does CAFA apply to mass torts?
- CAFA has a related but distinct provision for 'mass actions' — cases where 100 or more plaintiffs propose a joint trial of common questions of law or fact, even without formal class certification.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
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