A Comity Of Errors

Law360, New York (July 16, 2012, 12:46 PM EDT) -- In an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit recently addressed when a federal district court “in deciding whether to certify a class, should defer, based on principles of comity, to a sister court’s ruling on a motion for certification of a similar class.”[1]

In Smentek v. Dart, an opinion by Judge Richard Posner, the Seventh Circuit criticized the U.S. Supreme Court’s 2011 opinion in Smith v. Bayer Corp., in which the court held that “neither a proposed class action...
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