DOJ: News Release

Montana Joins Brief to Prevent Overreaching Federal Jurisdiction and Oppose Removal of State Cases to Federal Court

Montana Joins Brief to Prevent Overreaching Federal Jurisdiction and Oppose Removal of State Cases to Federal Court

Today, Attorney General Tim Fox announced Montana joined an amicus brief in support of Mississippi in Mississippi v. AU Optronics (U.S.).  

The brief urges the U.S. Supreme Court to overturn Fifth Circuit precedent that interprets the federal Class Action Fairness Act (CAFA) as allowing defendants to move states’ class actions brought by state Attorneys General out of state court into federal court. 

“This precedent has directly affected Montana, as we’ve had at least one of our consumer protection cases removed to Montana federal court, and then transferred to a Louisiana federal court,” said Attorney General Tim Fox.  “Additionally, nearly all state Attorneys General agree that the CAFA should not be interpreted in a manner that takes away the sovereign right of the states to choose state courts as their preferred litigation forum.”

Montana has a long history of joining with its fellow states to prevent overreaching federal jurisdiction and oppose removal of state cases to federal court.  Since CAFA became law in 2005, Montana has joined many letters and amicus briefs supporting states’ autonomy from CAFA removal provisions.

Read the brief by clicking here: https://doj.mt.gov/?attachment_id=28669

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