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.

The court held that the relitigation exception to the Anti-Injunction Act does not permit federal courts, having refused to certify a class, to...
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