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Absent Class Members Suing in State Court Are Not Bound by Prior Federal District Court Decision

Recently, in <i>Smith v. Bayer Corp.</i>, the Supreme Court addressed whether a federal court decision denying class certification had any preclusive effect on efforts by other plaintiffs to seek certification in state court under nearly identically worded state procedural rules.

25 minute read October 24, 2011 at 02:58 PM
By
Jeffrey A. Holmstrand
Absent Class Members Suing in State Court Are Not Bound by Prior Federal District Court Decision

Last year, in Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co.

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