The CAFA, the whole CAFA – and nothing but the CAFA.
June 1, 2022At issue in Stewart v. Entergy Corp. was whether BP v. Mayor of Baltimore, 141 S. Ct. 1532 (2021), allowed the review of non-CAFA grounds for removal, in the context of an appeal of a remand order taken pursuant to CAFA. The Fifth Circuit, acknowledging contrary authority from other Circuits, held that it did not, noting that unlike the statute at issue in BP, CAFA requires expedited appeals and thus establishes a unique, CAFA-specific system for review of rulings related to it. No. 22-30177 (May 27, 2022).