Companies accused of antitrust wrongdoing must prepare for a multi-front battle in different courts in different places on different timelines. To survive, they must hire defense counsel with sufficient scale and agility to manage multiple cases, in which each action in one case can reverberate to the others. It isn’t easy to do it right, particularly today where many battles happen in foreign jurisdictions.
The U.S. Supreme Court recently agreed to weigh in on whether defendants can employ the Class Action Fairness Act (CAFA) to, in at least one circumstance, limit the jurisdictional-bounds of a complex action. The court granted certiorari in Mississippi ex rel. Hood v. AU Optronics Corporation, et al., on the issue of whether and under what circumstances a parens patriae action by the state itself in state court against a defendant is removable as a “mass action” under CAFA.
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