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Expert Analysis

Questions Remain On Class Certification Relitigation

Law360, New York (June 27, 2011, 5:21 PM EDT) -- On June 16, 2011, the U.S. Supreme Court issued a decision that had potential to curb litigation's version of "Whac-a-Mole" — abusive relitigation of class certification in forum after forum. Instead, in Smith v. Bayer Corp. (No. 09-1205), the court imposed limits on federal courts' use of injunctive relief to prohibit members of unsuccessful class actions from relitigating class certification in state courts....

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