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| Supreme Court Holds Federal Rules Trump State Class Action Limitations Thompson Hine  Apr. 12, 2010 Excerpt: The combination of the loosening of federal requirements for class action jurisdiction in CAFA with Shady Grove's refusal to enforce state law limitations on class actions has created the prospect that new class actions will be brought in federal courts to recover state law penalties, even though those same class actions could not be filed in state court in the first instance. As Justice Scalia conceded, '[o]pening federal courts to class actions that cannot proceed in state court will produce forum shopping, but that is the inevitable result of the uniform system of federal procedure that Congress created.' |
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