January 24, 2014

Supreme Court Holds State AG Suits Brought On Behalf Of State Citizens Are Not Removable As CAFA "Mass Actions"

Arnold & Porter Advisory

On January 14, 2014, the Supreme Court unanimously reversed the Fifth Circuit and held that a suit filed by a state attorney general is not removable to federal court as a "mass action" under the Class Action Fairness Act of 2005 (CAFA) simply because it includes a claim based on injuries suffered by the State's citizens. Mississippi ex rel. Hood v. AU Optronics Corp., No. 12-1036 (U.S. Jan. 14, 2014). The decision resolved a circuit split in favor of the Fourth, Seventh, and Ninth Circuits, which all had held that similar lawsuits were not CAFA mass actions.

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