Class Action Fairness Act
Summary of Provisions
Article III, Section 2 of the U.S. Constitution provides that when a lawsuit involves citizens from different States or a foreigner, Federal courts are given primary jurisdiction. This provision was added for the purpose of limiting discrimination against out-of-State litigants. However, under the doctrine of "complete diversity," current judicial rules provide that as long as one defendant and one plaintiff in a lawsuit are from the same State, they should proceed in that State’s court system, even if the case involves millions of plaintiffs and is purely interstate or national in nature. In addition, even when "complete diversity" exists, the…
