Attorney for Miss. AG to U.S. SC: CAFA case is ‘straightforward’

It is unclear, based on oral arguments Wednesday, how the U.S. Supreme Court will rule in a Mississippi case in which some contend state Attorney General Jim Hood is trying to circumvent the federal Class Action Fairness Act.

Based on a transcript of the arguments, most of the justices’ questioning focused on whether the lawsuit State of Mississippi ex rel. Hood v. AU Optronics Corp. qualified as a “mass action” under CAFA.

Attorney Jonathan Massey, of Massey & Gail LLP and who argued on behalf of Hood Wednesday, called the case “straightforward.”

“There is only one plaintiff in the case, the state of Mississippi,” he told the justices. “It is not a citizen for purposes of diversity jurisdiction, and therefore, the requirements of even minimal diversity, let alone the 100-person numerosity requirement of CAFA, cannot be met.”

LNL
11/8/13