Professor Adam Zimmerman was quoted in a Reuters article about Mississippi v. AU Optronics Corp. earlier today. The case was recently granted review by the U.S. Supreme Court and involves the Class Action Fairness Act (CAFA) and State Attorney General actions. Here’s the relevant text:
When Congress passed CAFA, it considered an amendment to exclude actions filed by state attorneys general. But the Senate rejected the amendment. One senator cited concerns about plaintiffs’ lawyers using the exception as a loophole to persuade “a State attorney general to … lend the name of his or her office to a private class action.”
Still, any concerns the Supreme Court has over class action abuses will have to be balanced by its concerns over state sovereignty, said Adam Zimmerman, a professor at St. John’s University School of Law. If the Supreme Court rules that lawsuits filed by states can be removed to federal court, “it would threaten state sovereignty in a way Congress did not envision,” he said.
Please find the full text here: http://newsandinsight.thomsonreuters.com/Legal/News/2013/05_-_May/Price-fixing_case_to_test_Supreme_Court_hostility_to_class_actions/
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