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Law Practice

May 7, 2010

Attempt to Curb Class Actions in Federal Courts Rejected

Randall Spencer discusses the U.S. Supreme Court's rejection of any attempt to restrict the availability of class actions in federal court.

By Randall A. Spencer

In Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 2010 DJDAR 4835, the Supreme Court rejected an attempt to restrict the availability of class actions in the federal courts and explained the interaction between the Rules of Decision Act and the Rules Enabling Act.

In Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S. Ct. 817 (1938), the Court held that under the Rules of Decision Act, (...

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