Defense Counsel Journal

Amicus Briefs - Volume 83, Number 4

January 20, 2020

Amicus Curiae

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs so that the Journal's readers can benefit from the insights presented therein.

In ABM Industries, Inc. v. Marley Castro and Lucia Marmolejo (No. 15-1427, June 24, 2016), the International Association of Defense Counsel filed a brief in support of petitioners ABM Industries argument that an action brought under state law authorizing a plaintiff to pursue claims on behalf of absent persons and to obtain a judgment binding is a “class action” that is removable to federal court under the Class Action Fairness Act (CAFA).In ABM Industries, respondents brought an action against petitioners under the California Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA affords plaintiffs many of the benefits of a class action, but without the procedural safeguards of Federal Rule of Civil Procedure 23. The IADC's brief, co-authored by the Atlantic Legal Foundation, argues that the Ninth Circuit's position that CAFA does not apply to claims like those supported by PAGA disregards Congressional intent and the purposes of CAFA, and if applied broadly, would create a massive loophole in CAFA by exempting just those actions that offer the least protections to nonparties and defendants. The brief was co-authored by IADC member and Amicus Committee Chair M.C. Sungaila and Christina Crozier of Haynes & Boone, LLC, and Martin S. Kaufman of the Atlantic Legal Foundation.

For information on the IADC's amicus brief program and to view past briefs, please visit the Amicus Briefs page on the IADC website.

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