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Litigation

Jun. 28, 2011

US Supreme Court Issues Plaintiff-Friendly Class Action Decision

Don't underestimate the impact of Smith v. Bayer Corp., a recent class action decision by the U.S. Supreme Court. By Stephen Smerek and Micol Sordina of Winston & Strawn


By Stephen Smerek and Micol Sordina


In a unanimous decision, the U.S. Supreme Court ruled last week that the Anti-Injunction Act prohibits federal court orders enjoining state courts from considering certification of class action litigation previously rejected by the federal courts. Smith v. Bayer Corp., 2011 DJDAR 8813 (Jun. 16, 2011). Though perhaps overshadowed by the recent decisions in AT&T v. Concepcion and Wal-Mart Corp. v. Dukes, this cl...

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