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Mr. Hood is Removed (At Least Temporarily)



Apparently the case between Mississippi's Attorney General Hood and the insurance industry has been removed to Federal Court. (Clarion Ledger 10/14)  (See here, here and here and here for other discussion of this lawsuit.) Not being an expert in the intricacies of the federal removal statute, it nonetheless seems wrong to remove this dispute to Federal Court as the state has to waive its sovereign immunity in some way under the 11th Amendment . While the lawsuit's basis is suspect, the Mr. Hood is attempting to enforce Mississippi law and as an agent of the state it would seem like the state court is the proper forum under principles of federalism for this dispute.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.