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Expert Analysis

Are Parens Patriae Actions Removable Under CAFA?

Law360, New York (April 16, 2012, 1:48 PM EDT) -- In one of the most recent decisions analyzing whether a parens patriae action is removable under the Class Action Fairness Act,[1] the Ninth Circuit Court of Appeals joined the majority of courts finding that parens patriae does not create federal jurisdiction under CAFA.[2] The majority of parens patriae actions, filed by state attorney generals, are based on violations of state consumer protection and antitrust statutes. Defendants, seeking to find a basis to remove to federal court, typically try to rely on CAFA for federal jurisdiction....

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