Mississippi ex rel. Hood v. AU Optronics Corp. Post-Decision SCOTUScast
SCOTUScast 1-20-14 featuring Brian Fitzpatrick
January 20, 2014Brian T. Fitzpatrick
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Mississippi ex rel. Hood v. AU Optronics Corp. - Post-Argument SCOTUScast - MP3
Running Time: 00:10:34
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.
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|Oral Argument Transcript - November 6, 2013 (PDF)|
|Opinion - January 14, 2014 (PDF)|