Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by Law.com, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!

X

Hertz v. Friend May Add to Overburdened Federal Docket

Although Hertz v. Friend may be a win for corporate defendants seeking to remove class actions to federal court under the Class Action Fairness Act, attorney Robert J. Stein III, a partner at Adorno & Yoss and counsel for the plaintiffs, believes the opinion may add to the already overburdened federal docket.

"One thing you will get out of this opinion, especially in the 9th Circuit, is more cases in federal court that have basically been state-court disputes in the past," Stein says.

And that, he says, will create undue expenses for both parties since federal court is generally, although not always, more expensive.

Although Stein agrees that from a policy standpoint, the nerve-center test makes more sense than other, more complex tests, he would have preferred the rule change come from Congress rather than the bench.

"I'm old-fashioned, so I tend to stick more to congressional intent, and I think a better opinion would have been to adhere more closely with this intent," Stein says. "That's why, I believe it should have been Congress and not the Supreme Court to make this fix."

Technology Editor

Keith Ecker

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.