Legal Opinion · Concurring in the judgment
State of Mississippi v. AU Optronics Corporation
Court of Appeals for the Fifth Circuit
Decided November 21, 2012No. 12-60704Published
1Concurring in the judgmentJennifer Walker Elrod, Circuit Judge
I concur in the judgment because the majority opinion is a fair application of our binding precedent, namely Louisiana ex rel. Caldwell v. Allstate Insurance Co., 536 F.3d 418 (5th Cir.2008). I write separately, however, to express my concerns with Caldwell. Caldwell’s claim-by-claim approach is problematic when applied to CAFA’s “mass action” provision in parens patriae suits such as the instant case.1 Moreover, and just as troubling, applying Caldwell’s reasoning to CAFA’s general public exception may render the exception a dead letter in this circuit. We should reconsider Caldwell and…
2Cases cited23 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Syngenta Crop Protection, Inc. v. HensonSupreme Court of the United States · 2002
- Nevada v. Bank of America Corp.Court of Appeals for the Ninth Circuit · 2012
- Hawaii v. Standard Oil Co. of Cal.Supreme Court of the United States · 1972
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