News & Analysis as of

Mass Action

Consolidated Cholesterol Drug Cases Lack Critical Mass for CAFA Jurisdiction

by Carlton Fields on

The Central District of California district court recently weighed in on the limits of mass action jurisdiction under the Class Action Fairness Act (CAFA). The matter began as various individual state court actions alleging...more

Saved By The Bellwether Trial in the Ninth Circuit

by Carlton Fields on

Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common...more

An Intelligent Treatment of “Mass Actions” in Pennsylvania

by Reed Smith on

It is has been a rough few weeks for forum-shopping litigation tourists. We wrote the other day on the Missouri Supreme Court’s landmark opinion in State ex rel. Norfolk Southern Railway Co. v. Dolan, which held that...more

Cymbalta MDL Rejected Yet Again

by Reed Smith on

A couple of weeks ago we discussed the latest entry in the "the saga of Cymbalta plaintiff lawyers who keep pushing the litigation up a hill in an effort to create a class action, mass action, MDL, or whatever will allow them...more

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

by Carlton Fields on

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more

Parens Patriae Actions Are Not Removable Under CAFA: A Unanimous Decision of the United States Supreme Court Has Broad...

by Ellis & Winters LLP on

The United States Supreme Court delivered a unanimous win to state attorneys general earlier this year. In January, the Court held in Mississippi ex rel. Hood v. AU Optronics, 134 S. Ct. 736 (2014), that parens patriae suits...more

In Case You Missed It - Interesting Items for Corporate Counsel (Cumulative) - March 13, 2014

by Stoel Rives LLP on

The U.S. Supreme Court recently ruled in Lawson v. FMR LLC that the whistleblower provisions of the Sarbanes-Oxley Act protect employees who work for contractors and subcontractors of public companies and not just employees...more

The Eleventh Circuit Declares That CAFA’s Amount-In-Controversy Requirement Can Be Satisfied In Declaratory Relief Cases

by Carlton Fields on

On February 14, 2014, the Eleventh Circuit Court of Appeals held that the Class Action Fairness Act’s (CAFA) $5,000,000 amount-in-controversy requirement can be satisfied where the plaintiff seeks only declaratory relief. S....more

Antitrust and Competition Newsletter - February 2014

U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act - On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae...more

SCOTUS: States are Not “Persons” Under CAFA

by Benesch on

In 2005, Congress enacted the Class Action Fairness Act (“CAFA”) to change the procedures for interstate class action suits. Notably, CAFA created a new type of suit called a “mass action,” which is any civil suit for...more

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

Five Takeaways from the Supreme Court’s AU Optronics Decision

by Morgan Lewis on

Court’s decision provides key takeaways for class action defendants, including how the decision limits the use of CAFA’s mass action provision to suits that actually name 100 or more persons as plaintiffs....more

Supreme Court: Parens Patriae Suits Not “Mass Actions” under CAFA

by McDermott Will & Emery on

On January 14, 2014, the Supreme Court ruled in a unanimous opinion that parens patriae suits brought by states on behalf of their citizens do not constitute “mass actions” under the Class Action Fairness Act (CAFA). Miss....more

Suits Brought by State AGs Alone Not “Mass Actions”: SCOTUS Sides With 4th, 7th, and 9th Circuits in Clarifying CAFA’s Mass Action...

In Mississippi ex rel. Hood v. AU Optronics Corp., No. 12-1036, 2014 U.S. LEXIS 645 (Jan. 14, 2014) the Supreme Court of the United States addressed the circuit split that arose after the 5th Circuit Court of Appeal’s holding...more

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD

by Pierce Atwood LLP on

On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court handed down a unanimous decision in...more

State Attorney General Parens Patriae Actions Are Not Removable to Federal Court as CAFA “Mass Actions”

This week the U.S. Supreme Court unanimously held in Mississippi ex rel. Hood v. AU Optronics Corp. that parens patriae actions in which the State is the sole plaintiff are not “mass actions” under the Class Action Fairness...more

Meaning of "Mass Actions" Under CAFA clarified by SCOTUS

by Hinshaw & Culbertson LLP on

In one of its first decisions of the year, the United States Supreme Court unanimously held that a civil action filed solely by the State of Mississippi did not constitute a “mass action” under the Class Action Fairness Act...more

Supreme Court Jettisons Removability of Parens Patriae Actions Under Class Action Fairness Act’s Mass Action Provision

by Nelson Brown & Co. on

The United States Supreme Court, in Mississippi ex rel. Hood v. AU Optronics Corp., unanimously held that a suit filed by a state as the sole plaintiff does not constitute a “mass action” under the Class Action Fairness Act...more

SCOTUS Defines "Mass Action"

by Carlton Fields on

On January 14, 2013, the United States Supreme Court decided Mississippi ex rel. Hood v. AU Optronics Corp., --- U.S. ---, No. 12-1036, a case brought under the Class Action Fairness Act of 2005. The question presented was...more

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