Removal of Parens Patriae Actions Under CAFA

, New York Law Journal

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In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte, partners at Skadden, Arps, Slate, Meagher & Flom, review a case where the U.S. Supreme Court will resolve a circuit split between the Fifth Circuit, which has held that a state attorney general's action is removable under the Class Action Fairness Act where the action seeks monetary recovery for individual citizens, and three other circuits that have concluded that parens patriae actions are not "mass actions" and do not fall within the reach of CAFA.

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