On January 14, 2014, in a unanimous opinion, the US Supreme Court held in State of Mississippi, ex rel. Jim Hood, Attorney General v. AU Optronics Corp., No. 12-306, that the Mississippi Attorney General’s antitrust lawsuit against LCD manufacturers does not constitute a “mass action” under the federal Class Action Fairness Act (CAFA). Resolving a Circuit split, the Court found that a lawsuit filed by a state in state court cannot be removed as a “mass action” under CAFA.
This is an important ruling for companies exposed to class actions, particularly antitrust and consumer class actions.