Tuesday, January 18, 2011
As covered earlier here, the Supreme Court heard oral argument today in Smith v. Bayer Corp., which presents the questions:
(1) Whether, under the re-litigation exception of the Anti-Injunction Act, a district court can enjoin parties from seeking class certification in state court under state procedural rules when the district court had previously denied certification of a similar class under federal procedural rules but neither the parties sought to be estopped nor the issues to be presented in state court are identical as those presented to the district court.
(2) Whether a district court that previously denied class certification nonetheless has personal jurisdiction over the absent putative class members such that it may enjoin them from seeking class certification in state court.
The argument transcript is available here.