• State Attorney General Parens Patriae Actions Are Not Removable to Federal Court as CAFA “Mass Actions”
  • January 17, 2014 | Authors: Keith J. Barnett; Thomas W. Curvin; Matt Gatewood; Phillip E. Stano; Lewis S. Wiener
  • Law Firms: Sutherland Asbill & Brennan LLP - Atlanta Office ; Sutherland Asbill & Brennan LLP - Washington Office
  • 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 Act of 2005 (CAFA or the Act). The ruling means that such parens patriae suits are not removable to federal court under CAFA’s mass action provisions. Remaining in state court presents an additional challenge to defending parens patriae actions, which often carry exposure commensurate with class actions but which lack the procedural protections of CAFA and Rule 23. Many industries may now face increased litigation exposure.