In my 2010 wrap up posted last week, I neglected to mention one of the three class action-related cases in which the United States Supreme Court granted cert in 2010. Smith v. Bayer is an appeal of a case that did make my top 10 list, In re Baycol Products Litigation, 593 F.3d 716 (8th Cir. 2010). The Court granted cert last September to address whether a federal court that has denied class certification has the power to enjoin the relitigation of the class certification issue by members of the would be class in a separate state court proceeding. (See this link for the full text of the “questions presented”). Oral argument is set for January 18, 2011.
For an excellent preview of the ”trifecta” of class action-related cases pending before the Supreme Court this term, see this December 20, 2010 article from Daniel Fisher at Forbes.com.
