Congress passed the Class Action Fairness Act (CAFA) in 2005, in response to perceived (in fact real) concerns regarding potential abuses of the class action process. Among CAFA’s important provisions was the right to remove a case to federal court.

Despite the clear congressional intent, some federal courts have treated CAFA removal with hostility. The Ninth Circuit, for example, held in 2007 that a defendant seeking to remove must prove CAFA jurisdiction by a “legal […]

Under current OSHA rules, employers must keep and retain certain records of workplace injuries, and if an employer neglects to keep the required records, OSHA can issue citations for the employer’s lack of compliance. However, there is currently a six-month time limit on how far into the past OSHA may reach to cite employers for not following the record keeping requirements. OSHA is now taking steps to change the time period to the full […]