Erie Indemnity Company v. Erie Insurance Exchange, an unincorporated association, by Troy Stephenson, Christina Stephenson, and Steven Barnett, trustees ad litem
Whether class action plaintiffs may subvert the jurisdictional protections of the Class Action Fairness Act through procedural gamesmanship by dismissing and refiling their complaint under different state procedural rules to avoid federal jurisdiction, despite seeking the same class-wide relief based on identical operative facts and legal theories.
Whether the Class Action Fairness Act permits federal courts to exercise removal jurisdiction over cases that plaintiffs attempt to restyle or refile to evade CAFA's jurisdictional requirements, notwithstanding the plaintiffs' use of different state procedural rules or voluntary dismissal and refiling tactics