Tuesday, December 7, 2010
Kevin Clermont (Cornell Law School) has posted Class Certification's Preclusive Effects to SSRN.
In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The central question will be whether, subsequent to a denial of class certification, preclusion can prevent an absentee from seeking to certify another class action on a similar claim. This Article answers that question in the affirmative, while warning that the preclusion is very limited in scope. It arrives at this answer by analogizing to the established doctrine of jurisdiction to determine no jurisdiction.