Justices Worry About Double Recovery In LCD CAFA Suit
By Melissa Lipman
Law360, New York (November 6, 2013, 5:29 PM ET) -- Several U.S. Supreme Court justices, including some of the liberals, took a tough line Wednesday on the Mississippi attorney general's argument that so-called parens patriae suits can't be forced into federal court, repeatedly raising concerns about the potential for consumers to recover twice for the same harm.
The court heard oral arguments over whether state parens patriae claims — those brought by states to recover for harm on behalf of their citizens — can be removed into federal court under the Class Action Fairness Act. The...