Commonwealth of Kentucky ex rel. Conway v. GlaxoSmithKline
- Case Date: 5/15/2013
- Project Name: Class Action Reform
On June 14, 2013, the U.S. District Court for the Eastern District of Kentucky granted the parties’ stipulated request to dismiss a lawsuit originally filed by the Kentucky Attorney General as a parens patiae suit in state court. The case raised questions about the application of the Class Action Fairness Act (“CAFA”), a law passed by Congress in 2005 to ensure that the right of removal to federal court is protected for defendants, particularly in cases seeking significant damages and where the plaintiff is suing to collect for alleged injuries on behalf of numerous individuals. WLF filed a brief in the case urging the Court not to deprive an out-of-state business defendant of its right to a federal forum. In its brief opposing remand, WLF expressed concern that remanding such cases to state court will only allow plaintiffs’ lawyers to game the system and avoid removal—the very thing that Congress sought to avoid when it adopted CAFA.
More Information and Downloads:
5/15/2013: Download the Brief