Shop ‘Til You Drop: Forums and Federalism in New York's Class Action Procedure
8 Pages Posted: 19 Jun 2015
Date Written: November 21, 2014
In the wake of the Supreme Court’s decision in Shady Grove Orthopedics Associates v. Allstate Ins. Co., some have proposed that New York repeal § 901(b) of its class action certification statute in order to establish uniformity with the Federal Rules of Civil Procedure’s analogue, Rule 23. This article argues against repeal of § 901(b) in order to further New York’s sovereign calculus of determining what is best for the state. The New York legislature made a considered determination to bar certification where statutory penalties were available — acquiescing to the ukase of the Judicial Conference of the United States undermines this determination.
Keywords: Civil Procedure, Erie, Federalism, Class Action, 901(b), New York Civil Procedure, CAFA, Forum Shopping
JEL Classification: K41, K40, K10
Suggested Citation: Suggested Citation