This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Jan. 5, 2011

Another Chapter in the Battle of Federal vs. State Supremacy

A pending U.S. Supreme Court case will set important guidelines for class action certification. By Brian S. Kabateck and Claudia E. Candelas of Kabateck Brown Kellner.


By Brian S. Kabateck and Claudia E. Candelas


In January 2011, the U.S. Supreme Court will consider two issues which are key in the class action process, and which could have significant ramifications for consumers, as well as consumer protection and class action attorneys. In Smith v. Bayer Corp., 09-1609, the court will decide whether the re-litigation exception of the Anti-Injunction Act allows district courts to enjoin parties from seeking class certifi...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up