Mississippi ex rel. Hood v. AU Optronics Corp.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1036 | 5th Cir. | Nov 6, 2013 | Jan 14, 2014 | 9-0 | Sotomayor | OT 2013 |
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 Justice Sotomayor on January 14, 2014.
SCOTUSblog Coverage
- Opinion analysis: Justices reject plea to hold state AG actions in federal court (Ronald Mann, January 16, 2014)
- Argument analysis: Justices spar over federal jurisdiction for state AG actions (Ronald Mann, November 8, 2013)
- Argument preview: Is this case about class actions or about states rights? (Ronald Mann, October 31, 2013)
- Petition of the day (Mary Pat Dwyer, May 15, 2013)
| Date | Proceedings and Orders |
|---|---|
| 02/19/2013 | Petition for a writ of certiorari filed. (Response due March 25, 2013) |
| 03/22/2013 | Order extending time to file response to petition to and including April 24, 2013. |
| 03/25/2013 | Brief amicus curiae of Public Citizen, Inc. filed. |
| 04/24/2013 | Brief of respondents AU Optronics Corporation, et al. in opposition filed. |
| 05/06/2013 | Reply of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed. (Distributed) |
| 05/07/2013 | DISTRIBUTED for Conference of May 23, 2013. |
| 05/28/2013 | Petition GRANTED. |
| 06/12/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 22, 2013. |
| 06/12/2013 | The time to file respondents' brief on the merits is extended to and including September 3, 2013. |
| 07/22/2013 | Joint appendix filed. (Statement of costs filed.) |
| 07/22/2013 | Brief of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed. |
| 07/29/2013 | Brief amici curiae of Illinois and 45 Other States filed. |
| 07/29/2013 | Brief amicus curiae of AARP filed. |
| 07/29/2013 | Brief amicus curiae of Public Citizen, Inc. filed. |
| 07/29/2013 | Brief amicus curiae of Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc. filed. |
| 08/19/2013 | CIRCULATED. |
| 08/20/2013 | SET FOR ARGUMENT on Wednesday, November 6, 2013. |
| 09/03/2013 | Brief of respondents AU Optronics Corporation, et al. filed. (Distributed) |
| 09/09/2013 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed) |
| 09/10/2013 | Brief amici curiae of Access to Courts Initiative, Inc., and National Association of Manufacturers filed. (Distributed) |
| 09/10/2013 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 09/10/2013 | Brief amicus curiae of Allstate Insurance Company filed. (Distributed) |
| 09/10/2013 | Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed. (Distributed) |
| 09/10/2013 | 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. |
| 10/03/2013 | Reply of petitioner Mississippi, ex rel. Jim Hood, Attorney General filed. (Distributed) |
| 11/06/2013 | Argued. For petitioner: Jonathan S. Massey, Washington, D. C. For respondents: Christopher M. Curran, Washington, D. C. |
| 01/14/2014 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 02/18/2014 | JUDGMENT ISSUED. |
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.