Ex Parte the Boc Group, Inc. (In Re: National Metals, Inc. v. the Boc Group, Inc.)

Summary

The Supreme Court of Alabama granted The BOC Group's petition for a writ of mandamus and directed the Jefferson Circuit Court to stay the later-filed National Metals class action because it was substantially similar to the previously filed MKS class action, which raised the same challenge to BOC's hazardous-material fees on behalf of a virtually identical putative class. Applying the rule of Ex parte Speedee Cash of Alabama, the court held that a trial court lacks subject-matter jurisdiction over a later-filed substantially similar class action and must administratively stay it until the first-filed court rules on class certification. The court rejected National Metals' argument that the dissolution and bankruptcy of the MKS plaintiff defeated similarity as premature, because adequacy of representation must be litigated in the MKS forum. Justice Johnstone concurred in the result only, stating that he disagrees with Speedee Cash, regards it as non-binding because only three Justices joined its holdings and rationale, and urged the Court to avoid reinforcing it.