Class Action Fairness Act

The Class Action Fairness Act (CAFA) was enacted in 2005 to layout procedures “that apply to the consideration of interstate class actions to ensure fairer outcomes for class members and defendants.”

While this act covers all mass actions filed in the U.S. regarding aviation cases, CAFA requires any litigation that involves more than 100 deaths or injuries to be tried jointly since the plaintiffs’ claims involve a common question of law. Once the claims are consolidated, the suit, if it was filed in state court, will be removed to federal court.

However, aviation cases are typically not filed as class actions and are not fairly considered mass torts. Every case has substantial differences because each one has its own unique damages that prohibit “class” or “mass” treatment, and each plaintiff files his or her own independent suit.