The Fifth Circuit Court of Appeals recently affirmed a district court ruling denying the Louisiana Attorney general’s motion to remand in the state’s pending antitrust price-fixing case against Allstate Insurance Company and other defendant insurers.

Sonnenschein, Nath and Rosenthal attorney Rick Fenton convinced the court to accept defendants’ argument that the state’s case was subject to federal jurisdiction under the Class Action Fairness Act, even though the complaint contained no express class action allegations. Last year, defendants prevailed in removing the case to federal court under CAFA, arguing that the Louisiana attorney general’s stated parens patriae action was actually a class action in disguise by virtue of the relief sought in the complaint.

Lexis.com subscribers may access the appellate court’s opinion in State of Louisiana, ex rel, James D. Caldwell v. Allstate Insurance Company, et al. here.