Tuesday, January 14, 2014

Supreme Court Holds Suit by Mississippi not a "Mass Action" Under CAFA

The Supreme Court has issued Mississippi ex rel. Hood v. AU Optronics Corp.

Justice Sotomayor wrote the opinion for a unanimous Court.

From the reporter's syllabus:

Petitioner Mississippi sued respondent liquid crystal display (LCD) manufacturers in state court,alleging violations of state law and seeking, inter alia, restitution for LCD purchases made by itself and its citizens. Respondents sought to remove the case to federal court. The District Court held that the suit qualified as a mass action under §1332(d)(11)(B)(i), but remanded the suit to state court on the ground that it fell within CAFA’s“general public” exception, §1332(d)(11)(B)(ii)(III). The Fifth Circuit reversed, agreeing with the District Court that the suit was a massaction but finding the general public exception inapplicable.
Held: Because Mississippi is the only named plaintiff, this suit does not constitute a mass action under CAFA.

http://lawprofessors.typepad.com/civpro/2014/01/supreme-court-holds-suit-by-mississippi-not-a-mass-action-under-cafa.html

Class Actions, Recent Decisions, Subject Matter Jurisdiction | Permalink

Comments

One of those ops that comes with an implicit "P.S. - Lower courts are stupid."

Posted by: Anderson | Jan 14, 2014 2:11:14 PM

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