Tuesday, March 28, 2006

SCOTUS Denies Cert in Case Challenging Multi-State Settlement Class Certification

Yesterday the Supreme Court denied review in King v. Gadson, U.S., No. 05-921. The Questions Presented in the case were as follows:

(1) Can state court, in approving class action settlement, consistent with basic principles of federalism and due process clause of 14th Amendment, exercise jurisdiction over unnamed class members and their claims when: (a) class representative has no standing to assert claims that are common or typical to members of class; (b) named class representative is not member of class, is not entitled to any relief proposed in settlement, and could not herself opt out of class, thus marking her inadequate to represent class; (c) counsel for class plaintiff and class defendants conspired and colluded to compromise claims of real class members; and (d) class definition was switched after certification without informing court and notice of change was never mailed to any member of subject class?

(2) Can state court, in multi-state class action, consistent with due process clause of 14th Amendment and full faith and credit clause of Article IV, Section 1 of Constitution, ignore substantive law of another state whose citizens are included in class when transactions giving rise to nonresidents' claims occurred in non-forum state to which forum state has no connection and whose law governing claims of nonresidents is expressly shown to be substantially different than law of forum state?


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