Fordham Law Review Volume 78 Issue 4 Article 6 2010 The CAFA Mass Action Numerosity Requirement: Three Problems with Counting to 100 Guyon Knight Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Guyon Knight, The CAFA Mass Action Numerosity Requirement: Three Problems with Counting to 100, 78 Fordham L. Rev. 1875 (2010). Available at: https://ir.lawnet.fordham.edu/flr/vol78/iss4/6 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. The CAFA Mass Action Numerosity Requirement: Three Problems with Counting to 100 Cover Page Footnote J.D. Candidate, 2011, Fordham University School of Law. My thanks to Professors Howard M. Erichson and Michael M. Martin for their invaluable guidance. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol78/iss4/6 THE CAFA MASS ACTION NUMEROSITY REQUIREMENT: THREE PROBLEMS WITH COUNTING TO 100 Guyon Knight* This Note examines the mass action provision of the Class Action Fairness Act of 2005 (CAFA) and the difficulties courts have encountered when applying its seemingly simple 100-person numerosity requirement. "Mass actions" are a broad category of nonclass aggregate litigation over which CAFA extended federal jurisdiction. This Note examines three interpretations of the numerosity requirement advanced in recent cases. These interpretations have advocated, in turn, not finding a mass action when a case has more than 100 formally joined plaintiffs, recognizing the existence of a single mass action broken up among parallelsuits with fewer than 100 plaintiffs, andfinding a mass action in cases with only a single, representationalplaintiff.