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Mississippi ex rel. Hood v. AU Optronics Corp.

Docket No.12-1036
Op. Below5th Cir.
ArgumentNov 6, 2013
Vote9-0
AuthorSonia Sotomayor
OpinionJan 14, 2014
TermOctober Term 2013
SCOTUS PageOpinion

Holding

Under the Class Action Fairness Act, because Mississippi is the only named plaintiff, the suit does not qualify as a "mass actions" " that is, a civil action "in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiff's claims involve common questions of law or fact."

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on Jan 14, 2014.

Issue: Whether a state”s parens patriae action is removable as a “mass action” under the Class Action Fairness Act when the state is the sole plaintiff, the claims arise under state law, and the state attorney general possesses statutory and common-law authority to assert all claims in the complaint.

Proceedings & orders timeline

Feb 19, 2013
Petition for a writ of certiorari filed. (Response due March 25, 2013)
Mar 22, 2013
Order extending time to file response to petition to and including April 24, 2013.
Mar 25, 2013
Brief amicus curiae of Public Citizen, Inc. filed.
Apr 24, 2013
Brief of respondents AU Optronics Corporation, et al. in opposition filed.
May 6, 2013
Reply of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed. (Distributed)
May 7, 2013
DISTRIBUTED for Conference of May 23, 2013.
May 28, 2013
Petition GRANTED.
Jun 12, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 22, 2013.
Jun 12, 2013
The time to file respondents' brief on the merits is extended to and including September 3, 2013.
Jul 22, 2013
Joint appendix filed. (Statement of costs filed.)
Jul 22, 2013
Brief of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed.
Jul 29, 2013
Brief amici curiae of Illinois and 45 Other States filed.
Jul 29, 2013
Brief amicus curiae of AARP filed.
Jul 29, 2013
Brief amicus curiae of Public Citizen, Inc. filed.
Jul 29, 2013
Brief amicus curiae of Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc. filed.
Aug 19, 2013
CIRCULATED.
Aug 20, 2013
SET FOR ARGUMENT on Wednesday, November 6, 2013.
Sep 3, 2013
Brief of respondents AU Optronics Corporation, et al. filed. (Distributed)Sep 9, 2013
Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)Sep 10, 2013
Brief amici curiae of Access to Courts Initiative, Inc., and National Association of Manufacturers filed. (Distributed)Sep 10, 2013
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)Sep 10, 2013
Brief amicus curiae of Allstate Insurance Company filed. (Distributed)Sep 10, 2013
Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed. (Distributed)
Sep 10, 2013
Records from U.S.C.A. for 5th Circuit and U.S.D.C. for Southern District of Mississippi are electronic and located on PACER.
Oct 3, 2013
Reply of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed. (Distributed)
Nov 6, 2013
Argued. For petitioner: Jonathan S. Massey, Washington, D. C. For respondents: Christopher M. Curran, Washington, D. C.
Jan 14, 2014
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Feb 18, 2014
JUDGMENT ISSUED.

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