• Supreme Court Declines to Permit Federal Injunction Precluding State Court Class Action
  • June 24, 2011 | Author: Wystan M. Ackerman
  • Law Firm: Robinson & Cole LLP - Hartford Office
  • In light of the Supreme Court's recent decision in Smith v. Bayer Corp., defendants generally will no longer be able to pursue federal court injunctions prohibiting plaintiffs from seeking class certification in state court where certification on the same issue was previously denied by a federal court. The current pattern of plaintiffs' lawyers repeatedly attempting to certify the same class in multiple jurisdictions is thus likely to continue, except to the extent it is restrained by the expanded federal jurisdiction for class actions provided by the Class Action Fairness Act of 2005 (CAFA).