Mississippi ex rel. Hood v. AU Optronics

News & Analysis as of

Courts Find Removal Is Not Permitted Under CAFA Where Plaintiff Did Not Plead A Class Action Under Rule 23 Or Comparable State...

District Courts continue to shape the boundaries of CAFA jurisdiction in suits that are not pleaded as class actions. For example, the District Court for the Eastern District of Louisiana held that defendants could not...more

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

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

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

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

"US Supreme Court Cases to Watch in 2014"

The U.S. Supreme Court will rule on numerous significant cases in 2014, involving such issues as presidential power, affirmative action, campaign contributions, environmental regulations, intellectual property, commercial...more

Five Takeaways from the Supreme Court’s AU Optronics Decision

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

SCOTUS Holds State AG Action Not A Mass Action Subject To CAFA

On January 14, the U.S. Supreme Court unanimously held that an action filed by a state attorney general seeking restitution on behalf of hundreds of the state’s citizens who are not themselves parties to the action is not a...more

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

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

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

Supreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court...

On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit...more

Meaning of "Mass Actions" Under CAFA clarified by SCOTUS

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

Class Action Litigation: A Look at What is Ahead in 2014

2013: The Year in Review - Supreme Court Issues Two Notable Opinions on Class-Wide Arbitration - The United States Supreme Court issued two opinions in 2013 recognizing that class-wide arbitration will...more

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

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"

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

Supreme Court Holds That CAFA Doesn’t Let Defendants Remove State AG Actions To Federal Court

When state attorneys general file suits to seek monetary recoveries based on claimed injuries to private citizens, those lawsuits look like, walk like, and quack like class actions. In fact, in most of these so-called “parens...more

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