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Sippy Cup Case Shows the Downside of Defeating Multi-State Class Certification: The Beast Just Grows Multiple Heads
6 July 2011
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In the wake of numerous court decisions holding that state consumer protection laws vary too much to permit nationwide class certification, judges now are wrestling with how similar single-state class action complaints should be managed through the multi-district litigation process.
In a decision yesterday, an MDL judge refused to decide whether classes could be certified under state laws other than those of his own state, choosing instead to leave this question to be decided later after the cases are remanded to the districts where they had been brought.
This decision highlights that, wherever possible, defendants should focus their opposition to certification on arguments that would prevent any certification, not merely on differences among state laws.
John S. Kiernan
Michael B. Mukasey
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