Shop ‘Til You Drop: Forums and Federalism in New York's Class Action Procedure

8 Pages Posted: 19 Jun 2015

See all articles by Max Raskin

Max Raskin

New York University School of Law

Date Written: November 21, 2014

Abstract

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

Raskin, Max, Shop ‘Til You Drop: Forums and Federalism in New York's Class Action Procedure (November 21, 2014). New York University Journal of Legislation and Public Policy Quorum, Vol. 2014, No. 121, 2014, Available at SSRN: https://ssrn.com/abstract=2619863

Max Raskin (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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