Mississippi ex rel. Hood v. AU Optronics Corp. Post-Decision SCOTUScast

SCOTUScast 1-20-14 featuring Brian Fitzpatrick
Featuring Brian T. Fitzpatrick
January 20, 2014

On January 14, 2014, the Supreme Court issued its decision in Mississippi ex. rel. Hood v. AU Optronics Corp. The question presented in this case was whether a suit filed by a State as the sole plaintiff constituted a "mass action" removable to federal court under the Class Action Fairness Act. The State, Mississippi, asserted a claim for restitution based on injuries suffered by the State's citizens. The US Court of Appeals for the Fifth Circuit held that the suit was a “mass action.”

The Supreme Court unanimously reversed that decision and remanded the case for further proceedings. Writing for the Court, Justice Sotomayor held that, because a "mass action" must involve monetary claims brought by 100 or more persons who propose to try those claims jointly as named plaintiffs--and in this case the State of Mississippi was the only named plaintiff--the case must be remanded to state court.

To discuss the case, we have Brian Fitzpatrick, who is a professor of law at the Vanderbilt University Law School.

[Return to the SCOTUScast menu