In a unanimous decision, the Supreme Court ruled on Jan. 14, 2014 that the state parens patriae action in Mississippi ex rel. Hood v. Au Optronics Corp. was not removable under the Class Action Fairness Act of 2005 as a “mass action,” because the state is the only named plaintiff: 571 U. S. ___ (2014). You can read our previous posts on AU Optronics here and here. Posted by Tony Lathrop, January 17, 2014.
We continue our exploration of removability under the Class Action Fairness Act of 2005 (“CAFA”) and the threshold question that has driven a split between the Circuit Courts of Appeals described as “intolerable as a matter of federalism,” carrying CAFA back to the steps of the U.S. Supreme Court. Before determining whether any requirement for removal under CAFA is met, the critical question is: is the case at hand even a class or mass action? CAFA debuted on the U.S. Supreme Court’s calendar last term with Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345, 568 US __ (2013), and ...
Last term, the U.S. Supreme Court broke ground on interpreting the Class Action Fairness Act of 2005 (“CAFA”) by setting limits on plaintiffs seeking to maneuver around federal jurisdiction. Having resolved in Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345, 568 US __ (2013) the quandary presented by plaintiffs attempting to stipulate their way around CAFA’s $5 million threshold for class action removal, the Supreme Court and lower courts recently have been faced with a threshold question of a different nature regarding removability under CAFA: is the case at hand even a ...
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MVA Litigation Blog Updates
- In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine
- MVA team files amicus brief in the Supreme Court on the future of the Chevron Doctrine
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act cases
- Kyle Jacob and Jim McLoughlin co-author Westlaw article: Supreme Court dramatically expands scope of state court jurisdiction over businesses