The Yale Law Journal

Michael D. Y. Sukenik


CAFA and Federalized Ambiguity: The Case for Discretion in the Unpredictable Class Action

Michael D. Y. Sukenik & Adam J. Levitt

A statute pointedly described as an “opaque, baroque maze of interlocking cross-references” is unlikely to represent an intelligent response to a fundamental failing in one of the most complicated and divisive areas of law. Yet, the Class Action Fairness Act (CAFA), ostensibly enacted by Congres…