Monday, October 20, 2008
Hazard on What CAFA Says About the Relation Between Federal and State Law
Geoff Hazard has published an article titled, Has the Erie Doctrine Been Repealed By Congress?, 156 U. Pa. L. Rev. 1629 (2008). Geoff says that the Class Action Fairness Act of 2005 implies that the Erie doctrine is "seriously erroneous." Viewed in broader relief, however, "CAFA can be understood as one more of a long series of congressional enactments that provide federal civil justice to various categories of litigants," he states. "In this light CAFA is hardly revolutionary, and its enactment might invite reconsideration of various applications of [Erie]."