Supreme Court to Weigh in on Removability of Parens Patriae Actions
The Supreme Court agreed to resolve a circuit split arising over whether parens patriae actions – brought by a state on behalf of its citizens – are removable as “mass actions” under the CAFA. Whether the suit qualifies as a “mass action” depends on whether the state – or the citizens on whose behalf the state acts – is the real party in interest. An opinion will further clarify the reach of CAFA’s jurisdiction.

Liability-Only Classes: A Potential Response to Comcast v. Behrend

Two circuit courts recently allowed plaintiffs to bypass the rule set forth in Comcast v. Behrend. In both cases, the courts affirmed certification of liability-only classes reserving the question of damages for subsequent proceedings or for individual actions. It remains to be seen whether the Supreme Court will approve this approach as a valid response to the limitations imposed by Behrend.

Rise of the Ascertainability “Requirement”

Over the last two years, the Third Circuit has overturned class certification in a few cases where it found that plaintiffs had not satisfied the implied “requirement” of ascertainability: that the proposed class must be objectively and definitively identified by a preponderance of the evidence. In doing so, the court may have opened the door for review by the Supreme Court.

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