Supreme Court to Review Ability of Federal Courts to Enjoin Relitigation of Class Certification in State Courts

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The United States Supreme Court has granted a writ of certiorari to review an Eighth Circuit decision affirming an injunction against a state court’s certification of a class where the U.S. district court had already denied certification of a similar class. In re Baycol Products Litigation, 593 F.3d 716 (8th Cir. 2010), cert. granted, No. 09.1025 (September 28, 2010). (Please click here for the Eighth Circuit opinion.)

On January 15, 2010, the U.S. Court of Appeals for the Eighth Circuit affirmed a decision that enjoined two individuals from seeking to certify a class in a West Virginia state court after the U.S. District Court for the District of Minnesota (MDL court), which was overseeing multidistrict litigation, had denied certification of a similar West Virginia class by another individual.

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