Class Action Fairness Act of 2005 Shifts Power in Forum Selection
The article discusses the Class Action Fairness Act of 2005 in the context of the history of federal diversity litigation. It explores changes in forum selection power and the impact of class actions on this process. The author argues that Congress had a valid interest in regulating nationwide and multistate class action decisions. However, the Act neglected important factors that balanced the interests of plaintiffs and defendants, as well as federal and state interests. Ultimately, the Act's exceptions did not preserve this balance, leading to confusion and potential overreach by special interests.