AmeriGas Must Defend Michigan AG’s Consumer Suit in State Court

AmeriGas must face Michigan Attorney General Dana Nessel’s illegal pricing action in state court, because the representative consumer protection suit wasn’t removable to federal court under the Class Action Fairness Act, the Sixth Circuit said Friday.

The Michigan law authorizing the attorney general to sue on behalf of state residents doesn’t satisfy the core federal class action requirements of numerosity, commonality, typicality, and adequate representation, the U.S. Court of Appeals for the Sixth Circuit said. Therefore, it isn’t “similar” to Federal Rule of Civil Procedure 23 for purposes of removal under CAFA.

Michigan sued AmeriGas Partners LP, and AmeriGas Propane ...