Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company

Docket No. Op. Below Argument Opinion Vote Author Term
08-1008 2d Cir. Nov 2, 2009
Tr.
Mar 31, 2010 5-4 Scalia OT 2009
 
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Holding: Federal Rule 23 controls when a class action lawsuit may be filed in federal court, so states do not have the authority to limit the right to sue.

Plain English Summary:

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Antonin Scalia on March 31, 2010. Justice Stevens concurred in part and concurred in the judgment. Justice Ginsburg dissented, joined by Justices Kennedy, Breyer, and Alito.

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