In J. Russell Jackson’s post he writes:
The Supreme Court’s 2010-2011 Term was a particularly instructive one for class action practitioners. The Court reversed certification of the largest-ever employment discrimination class in Wal-Mart v. Dukes , 10-277, held that the Federal Arbitration Act preempts state laws prohibiting class action waivers in arbitration in AT&T v. Concepcion , 09-893, and, in Smith v. Bayer Corp., 09-1205, reversed an injunction against filing copycat class actions issued by a federal court that had denied class certification.
Each of these decisions is important, but the Dukes decision is likely to have the most far-reaching impact because it addressed so many issues that arise in different types of cases – not just employment discrimination suits. Concepcion is the decision that is generating the most immediate motion practice in trial courts. And although Smith seems to have established that – without notice and an opportunity to opt out – absent class members are not bound by a court’s decision to not certify a class action because they are not parties to the case, the Supreme Court may yet confront the issue of whether a court may rein in a lawyer who serially files vexatious class actions after having lost the certification issue.
J. Russell Jackson is a partner in the Mass Torts Group at Skadden, Arps, Slate, Meagher & Flom LLP and the author of a 2010 ABA Journal Blawg 100 legal blog, www.ConsumerClassActionsMassTorts.com
For full article see An analysis of the Supreme Court’s class action decisions from the 2010-2011 Term from SCOTUSblog by J. Russell Jackson.