Supreme Court case evaluates suits that represent states
Manufacturers in these cases are arguing that under the Class Action Fairness Act, they have the right to move civil cases brought by AGs out of their state courts and into federal court.
November 07, 2013 at 06:10 AM
4 minute read
The original version of this story was published on Law.com
On Nov. 6 the Supreme Court began examination of a case that could offer a ruling on so-called mass action lawsuits that happen on behalf of states. In question is whether or not businesses should be subject to suit twice, once on behalf of the individuals and again on behalf of the state they're citizens of.
The case at issue revolves around a suit brought by the Mississippi Attorney General against the manufacturers of LCD televisions. The antitrust suit alleges that major LCD manufacturers conspired to fix prices on televisions. While the suits on behalf of the consumers have largely been settled, there is question surround whether or not a State can file suit against them as well.
Manufacturers in these cases are arguing that under the Class Action Fairness Act, they have the right to move civil cases brought by AGs out of their state courts and into federal court. Mississippi Attorney General Jim Hood says that these cases should not fall under that act because the suit is not a class action. Hood says that moving this case to federal court undermines the state's sovereignty.
In his oral arguments, the Washington lawyer representing Hood, Jonathon Massey, said, “There is only one plaintiff in this case, the state of Mississippi.” Massey also said in his arguments that, “the harm to Mississippi as a population, as an entity from this price-fixing conspiracy,”
Representing the LCD manufacturers, Christopher Curran says that the suit was an attempt to “double dip,” and asserted that the state AG was abusing his office in an attempt to bring a “copycat” lawsuit to the state courts.
A ruling on the case Mississippi v. AU Optronics Corp is expected by next summer.
For more recent Supreme Court coverage, check out the following articles:
On Nov. 6 the Supreme Court began examination of a case that could offer a ruling on so-called mass action lawsuits that happen on behalf of states. In question is whether or not businesses should be subject to suit twice, once on behalf of the individuals and again on behalf of the state they're citizens of.
The case at issue revolves around a suit brought by the Mississippi Attorney General against the manufacturers of LCD televisions. The antitrust suit alleges that major LCD manufacturers conspired to fix prices on televisions. While the suits on behalf of the consumers have largely been settled, there is question surround whether or not a State can file suit against them as well.
Manufacturers in these cases are arguing that under the Class Action Fairness Act, they have the right to move civil cases brought by AGs out of their state courts and into federal court. Mississippi Attorney General Jim Hood says that these cases should not fall under that act because the suit is not a class action. Hood says that moving this case to federal court undermines the state's sovereignty.
In his oral arguments, the Washington lawyer representing Hood, Jonathon Massey, said, “There is only one plaintiff in this case, the state of Mississippi.” Massey also said in his arguments that, “the harm to Mississippi as a population, as an entity from this price-fixing conspiracy,”
Representing the LCD manufacturers, Christopher Curran says that the suit was an attempt to “double dip,” and asserted that the state AG was abusing his office in an attempt to bring a “copycat” lawsuit to the state courts.
A ruling on the case Mississippi v. AU Optronics Corp is expected by next summer.
For more recent Supreme Court coverage, check out the following articles:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCoinbase Hit With Antitrust Suit That Seeks to Change How Crypto Exchanges Operate
3 minute readBaker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250