1. Whether a court should consider a defendant's ability to pay a judgment when determining whether the defendant is a "primary defendant" under CAFA's home-state exception, as the Fifth and Seventh Circuits have held, or whether a court should instead determine if the defendant is the "real target" of the litigation, as the Third, Ninth, and Eleventh Circuits have held.

2. Whether a class action should be remanded to state court under CAFA's internal-affairs exception even if it requires a factfinder to "look beyond" the internal affairs of a corporation and evaluate other legal issues, as the Second, Seventh, and Ninth Circuits have held, or whether such a case should remain in federal court, as the Fourth Circuit has held.

Whether a court should consider a defendant's ability to pay a judgment when determining whether the defendant is a primary defendant' under CAFA's home-state exception