CAFA and Securities Class Actions

There is now an official circuit split over the issue of whether a ’33 Act securities class action that is not removable to federal court under the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) is nevertheless subject to the removal provisions of the Class Action Fairness Act of 2005 (“CAFA”) (see this post for more background). In Katz v. Gerardi, 2009 WL 18137 (7th Cir. Jan. 5, 2009), the court held, in contrast to the Ninth Circuit, that the ’33 Act’s general grant of state court jurisdiction is modified by CAFA, which clearly provides for the removal of certain securities class actions not otherwise covered by SLUSA.

Holding: Judgment of district court vacated and remanded for further proceedings.

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