Hawaii Ex Rel. Louie v. HSBC Bank Nevada, N.A.
Opinion
Opinion
Hurwitz, J.
. The Hawaii Attorney General filed complaints in state court against six credit card providers, alleging that each violated state law by deceptively marketing and improperly enrolling cardholders in add-on credit card products. The card providers removed the cases to federal court, and the Attorney General moved to remand. The district court concluded that the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1332 (d), did not afford a basis for federal jurisdiction. The court, however, found at least one of the Attorney General’s claims against each provider completely preempted by section 30 of the National Bank Act of 1864, 12 U.S.C. §§ 85-86 . The court thus held that it had jurisdiction over the completely preempted claims under the federal question statute, 28 U.S.C. § 1331 , and elected to exercise jurisdiction over the remaining claims under the supplemental jurisdiction statute, 28 U.S.C. § 1367 .
We hold that neither the federal question statute nor CAFA provides the district court with subject matter jurisdiction. We therefore reverse with instructions to remand the actions to state court.