Washington State v. Chimei Innolux Corp.

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Procedure
  • Date Filed: 10-03-2011
  • Case #: 11-16862
  • Judge(s)/Court Below: Circuit Judge S. R. Thomas for the Court; Circuit Judge N.R. Smith, Chief District Judge Oliver
  • Full Text Opinion

Parens Patriae suits filed by state Attorneys General may not be removed to federal court because the suits are not "class actions" within the plain meaning of the Class Action Fairness Act of 2005.

The Attorneys General of both Washington and California filed parens patriae actions alleging Defendants engaged in a conspiracy to fix the prices of thin-film transistor liquid crystal display ("TFT-LCD") panels, and further state agencies and consumers were injured by paying inflated prices in violation of state antitrust laws.  Defendants removed both California and Washington actions to the United States District Court for the Northern District of California and Western District of Washington respectively, alleging federal jurisdiction under the Class Action Fairness Act of 2005 ("CAFA").  The district court granted the California and Washington motion to remand to their respective state courts, stating removal under CAFA was improper.  The Ninth Circuit concluded that the statutory parens patriae lawsuits before the Court are not class actions within the meaning of CAFA.  The Ninth Circuit further held the district court lacked jurisdiction over the action and thus properly remanded them to state court.  AFFIRMED.

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