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Tag Archives: parens patriae

Supreme Court Holds that CAFA Doesn’t Let Defendants Remove State AG Actions to Federal Court

Posted in CAFA, Class Action Trends, U.S. Supreme 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 patriae” cases, the same private plaintiffs’ lawyers that bring private class actions are retained to represent states in exchange… Continue Reading

Annual Report on “Judicial Hellholes”

Posted in Class Action Trends

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report identifies California, Louisiana, New York City, West Virginia, Madison & St. Clair Counties (Illinois), and South Florida as the most unfavorable jurisdictions…. Continue Reading

You’ve Settled the Class Action—Can the State AG Demand Another Payout?

Posted in Class Action Trends

One of the more alarming recent developments in the class-action arena is the increase in actions by state attorneys general that mirror private class actions. These state AG actions aren’t like the typical enforcement action, in which the government pursues claims for civil penalties that are distinct from the relief sought in the private class… Continue Reading

Supreme Court Hears Argument in Class Action Fairness Act Case, Mississippi ex rel. Hood v. AU Optronics Corp.

Posted in CAFA, U.S. Supreme Court

Today at the Supreme Court, all eyes, including mine, were on the oral arguments in the Town of Greece prayer case. But the second case—although it will certainly garner less attention—also is of great importance, especially to class-action practitioners. The issue in that case, Mississippi ex rel. Hood v. AU Optronics Corp., is whether so-called… Continue Reading

Supreme Court To Decide Whether Parens Patriae Suits Can Be Removed Under Class Action Fairness Act

Posted in CAFA, Class Action Trends, U.S. Supreme Court

We’ve blogged before about whether parens patriae lawsuits filed by state attorneys’ general to recover money on behalf of state citizens can be removed under the Class Action Fairness Act (CAFA). (CAFA authorizes defendants to remove certain “mass actions” involving “monetary relief claims of 100 or more persons” from state court to federal court. 28… Continue Reading

Are Quasi-Class Action Suits By State AGs Removable Under CAFA (Or, For Securities Fraud Cases, Barred By SLUSA)?

Posted in Antitrust, CAFA, Class Action Trends, Securities

A number of courts recently have weighed in on a question we’ve blogged before—whether lawsuits by state attorneys general seeking restitution on behalf of private citizens are subject to removal under the Class Action Fairness Act of 2005 (pdf) (“CAFA”). These rulings have broad implications for the litigation of these quasi-class actions.  They also are of… Continue Reading

What’s Next for the Class Action Plaintiffs’ Bar? Getting Deputized by State Attorneys General

Posted in CAFA, Class Action Trends

Some academics and commentators have been reading the tea leaves in Wal-Mart Stores, Inc. v. Dukes (pdf) and AT&T Mobility LLC v. Concepcion (pdf) as spelling doom for consumer and employment class actions. That’s overwrought; Dukes rejected an extremely adventuresome application of the class action rules by the Ninth Circuit, and Concepcion merely reminded courts… Continue Reading