In an opinion written by Justice Kagan, the Supreme Court’s recent decision in Smith v. Bayer, 131 S. Ct. 2368 (2011) leaves class action plaintiffs with a way in which to potentially relitigate adverse certification decisions. Holding that a federal court could not enjoin a state court from determining a motion for certification similar to … Continue Reading
The Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010) does little to clarify the application of the Erie Doctrine. While many courts endeavor to apply and follow Erie, the classification of statutes and rules as “substantive” or “procedural” is far from uniform. In a plurality … Continue Reading
